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(영문) 서울중앙지방법원 2020.11.19 2020고단6348

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On July 15, 201, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 20, 2020: (a) around 00:25, the Defendant driven Coper vehicle under the influence of alcohol with approximately 0.137% of alcohol concentration at the 11km section from the Gangnam-gu Seoul to the road near the entrance and exit of the Seocho-gu Seoul Metropolitan City, Seocho-gu, Seoul.

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

Summary of Evidence

1. A criminal defendant's statutory statement, a paper recording the measurement of drinking (0.137%) and a criminal investigation report on the results of the crackdown on drinking driving (report on the circumstances of a drinking driver);

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation status (verification of suspect criminal records), and application of Acts and subordinate statutes governing summary orders;

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 order of provisional payment was that the Defendant had been punished for driving under drinking around 201, and even if he had the record of being punished for driving under drinking around 201, the Defendant was driving under drinking at this case, and the blood alcohol concentration was considerably high, and the responsibility for the crime is not somewhat weak.

However, it is against the defendant's wrong recognition of his or her own mistake, the fact that the defendant would not repeat again while disposing of his or her own vehicle. The drinking driving of this case was conducted after a considerable period from the previous crime of drinking alcohol, and other various circumstances, such as the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., shall be determined as ordered by the order.