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(영문) 서울중앙지방법원 2020.05.14 2020고단413

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal power] On June 28, 2016, the Defendant issued, at the Seoul Central District Court, a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act, and on August 24, 2018, the same court issued a summary order of KRW 5 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On November 19, 2019, at around 12:52, the Defendant driven the motor bicycle kickboard, which is a motor bicycle, under the influence of alcohol concentration of about 600 meters from the front of C hospital distance in Gangnam-gu Seoul, to the front road in the same Gu D, with approximately 00 meters alcohol concentration of about 0.098%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of occurrence of E traffic accident;

1. A traffic accident report;

1. Notification of the control of drinking driving results;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (the same criminal records of a suspect), and application of two copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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, in light of the fact that the Defendant had been punished for driving under influence around around 2016 and around 2018, the Defendant was driving under the instant drinking even though he had the record of being punished for driving under influence around around 2016, and that the blood alcohol concentration is not low, and that the instant driving under the influence of alcohol causes a traffic accident due to the instant driving under the influence of alcohol, the responsibility for the relevant

However, the fact that the defendant's mistake is against the defendant, the driving distance is relatively short, the degree of damage is relatively minor, the victim and the motor bicycle driven by the defendant is relatively low compared to the motor vehicle, etc.