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(영문) 서울동부지방법원 2020.10.16 2020고정653

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On March 17, 2016, the Defendant was issued a summary order of 1,500,000 won by a Daejeon District Court as a violation of the Road Traffic Act.

Nevertheless, at around 01:40 on May 16, 2020, the Defendant was under the influence of alcohol with a blood alcohol content of 0.181%, and the Defendant was under the influence of alcohol on at least two occasions from the roads near Seongdongdong-gu Seoul Metropolitan Government B(B) to the roads in front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the concentration of alcohol in blood, report on the detection of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Previous records before ruling: Application of criminal history records, investigation reports (report attached to the previous records and summary order);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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 is that the defendant drives a vehicle in the state of drinking again even though he/she had a record of punishment for the same kind of crime, the blood alcohol level at the time of driving was high and the risk of driving was also high: Provided, That the personal damage was not caused due to an accident while driving, and the defendant complaining of economic difficulties, and all of the sentencing conditions, such as the defendant's age, character and behavior, environment, motive for committing a crime, and circumstances after committing a crime, etc., as stated in the Disposition, shall