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(영문) 서울북부지방법원 2021.02.18 2020고단3480

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 19, 2017, the Defendant issued a summary order of a fine of three million won for a crime of violating Road Traffic Act at the Seoul Northern District Court.

On August 3, 2020, at around 21:30, the Defendant driven an EM 6 car under the influence of alcohol with approximately 0.159% alcohol concentration at approximately 200 meters from the Do in front of the parking lot of the hospital C, in the city of Seocheon-si, Gyeonggi-do, to the apartment in D from the Do in front of the parking lot of the hospital D.

Accordingly, the Defendant driven a car under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking alcohol, notification of the results of regulating the driving of drinking alcohol, inquiry of the results of crackdown on the driving of drinking alcohol, and photograph by capturing a telecom;

1. Previous offense: Application of Acts and subordinate statutes to criminal investigation reports (report accompanied by outputs of a summary order), such as inquiry of criminal history data;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act with a high alcohol content during the sentencing of the reason for sentencing, however, considering the fact that driving distance is relatively short, actual damage, such as traffic accidents, etc., the fact that there is no record of criminal punishment except for a fine due to driving under the influence of alcohol in the judgment, and the fact that social ties clearly exist, such as workplace life, etc., the punishment shall be determined as ordered by taking into account various factors of sentencing, such as the defendant’s age, occupation, sex, circumstances leading to the crime, and circumstances after the crime, etc.