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(영문) 서울중앙지방법원 2020.09.11 2020고단5690

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 14 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2018, the Defendant was issued a summary order of KRW 2 million at the Seoul Central Court as a crime of violating the Road Traffic Act.

【Criminal Facts】

On July 12, 2020, the Defendant was under the influence of alcohol of 0.067% of blood alcohol concentration around 04:40 on July 12, 2020, the Defendant driven a car at approximately 1.7 kilometers from the street near the Gangnam-gu Seoul Southern Station to the front road of the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement, the oral statement, and the circumstantial report of the defendant;

1. Control note and control photograph;

1. Criminal records as judged: Application of criminal records, inquiry reports, investigation reports, and 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., that the defendant repeats his/her drunk driving (including the criminal records at the time of making it possible to have a total of twice drinking power), the fact that the situation where the report was carried out by the 112 was defective is disadvantageous to the defendant, the fact that the drinking alcohol level in this case does not lead to an accident, and the fact that the drinking alcohol level in this case is not high and there is no record of punishment heavier than the previous fine in this case, etc., shall be considered favorable to the defendant, and the punishment shall be determined as indicated in the order, taking into account various sentencing conditions shown in the argument of this case,