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(영문) 서울서부지방법원 2019.07.02 2019고단1753

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 14, 2014, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Western District Court, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Ansan District Court on July 15, 2014.

around 00:26 March 20, 2019, the Defendant driven an Epp car from the front side of the “C” road located in Mapo-gu Seoul, Mapo-gu to the front side of the same Gu, while under the influence of alcohol of 0.067% of blood alcohol level.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Previous convictions indicated in judgment: Application of criminal records, repeated statements (F), investigation reports (a copy of summary order of the same criminal records) and Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Incompetence] The defendant driven a motor vehicle with the influence of criminal punishment twice due to drinking driving in around 2014, even though he/she had a record of criminal punishment twice, and there is a high possibility of criticism.

[Liuried Normal Conditions] The defendant is in profoundly contradictory to the confession of the crime of this case.

At the time of the instant crime, the blood alcohol concentration was relatively high, and there was no other additional damage.

No defendant has been punished in excess of a fine.

In addition, the defendant's age, character and conduct, occupation, motive and background of the crime, the result of the crime, and the circumstances after the crime, etc. shall be limited to this time in consideration of all the circumstances constituting the conditions for sentencing as shown in the argument of the