beta
(영문) 서울중앙지방법원 2020.06.22 2020고단2177

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

[Violation Power] On April 7, 2016, the Defendant received a disposition to forward juvenile protection cases due to a violation of the Road Traffic Act (driving) at the Goyang Branch Office of the Do government District Prosecutors' Office, etc., and was decided by the Do Government District Court on July 6, 2016.

【Criminal Facts】

On December 26, 2019, the Defendant was under the influence of alcohol level of 0.11% on blood alcohol level around 10:33, the Defendant driven a DNA-learning car at approximately 4 km from the front side of Seocho-gu Seoul, Seocho-gu, Seoul to the roads adjacent to Seocho-gu Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of suspect's records of measurement of drinking alcohol and the result of crackdown on drinking driving;

1. Application of the CCTV video CD-related Acts and subordinate statutes around the control place;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] The Defendant committed the instant drunk driving in spite of the record that the Defendant had already received juvenile protective disposition at least several times due to a violation of the Road Traffic Act due to a non-licensed driving or a drunk driving, and the fact that blood alcohol level high, the Defendant’s liability for the crime is not somewhat weak.

However, in light of the following: (a) the Defendant’s mistake is broken down and against one’s own mistake; (b) the primary offender who has no record of criminal punishment; (c) the driving of the instant drinking driving does not lead to the occurrence of a traffic accident; and (d) the Defendant’s age, character, character, environment, details and motive of the crime, means and consequence of the crime; and (c) other various sentencing conditions specified in the argument of the instant case,