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(영문) 서울중앙지방법원 2020.10.30 2020고단6069

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

To the extent that it does not interfere with the defendant's right of defense, part of the criminal facts were revised.

On April 24, 2019, the Defendant was issued a summary order of KRW 1,50,000 by the Suwon District Court as a crime of violation of the Road Traffic Act.

On August 3, 2020, at around 04:15, the Defendant driven an EW car under the influence of alcohol level of about 0.206% from the 70m section to the same Gu’s neighboring road in Gangnam-gu Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial statement of the employee;

1. Each report on investigation;

1. Notification of the control of drinking driving;

1. Video cad related to drunk driving;

1. On-site reports (verification ofCCTV images);

1. A report on the results of an investigation, a written prosecution and a report on the results of an investigation;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, 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 provisional payment order is that the Defendant re-driving without being aware of the history of being punished for drunk driving, the Defendant is waiting to perform the duty of military service, and other circumstances such as blood alcohol concentration and driving distance.