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(영문) 서울중앙지방법원 2020.06.18 2020고단1745

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

On January 31, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court as a crime of violating the Road Traffic Act.

On March 4, 2020, the Defendant was under the influence of alcohol of 0.086% of blood alcohol concentration on March 4, 2020, and the Defendant driven a dial car from approximately 800 meters away from the Seoul Gangnam-gu B hotel 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. Defendant's legal statement;

1. Control note;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal history records, investigation reports (previous record and confirmation of a suspect), and application of one copy of a 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 was punished for driving under drinking around 2018, and even if he had the record of being punished for driving under drinking around 2018, the Defendant was driving under the instant drinking, and the degree of blood alcohol concentration is not low, and the responsibility for the relevant crime is not easy.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the driving distance is relatively short; and (c) the occurrence of a traffic accident is not led to the occurrence of the instant drunk driving; and (d) other conditions for sentencing as indicated in the records, such as the Defendant’s age, environment, occupation, family relationship, circumstances after the commission of the crime, etc., the sentence shall be