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(영문) 서울중앙지방법원 2020.08.19 2020고단1720

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 September 28, 2018, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

On February 17, 2020, at around 02:03, the Defendant driven a D self-furged vehicle with approximately 4.5 km alcohol concentration of approximately 0.125% in the section from Seongbuk-gu Seoul to the Seoul Jongno-gu Road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. The fact that the defendant caused a traffic accident that causes physical damage to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act is disadvantageous to the defendant.

However, considering the fact that there is no criminal record other than the one-time driving record, the defendant seems to have been employed as a young adult with the age of 28, the vehicle is sold, etc., and it is hard to say that it will not repeat the crime, and the fact that the confession of the crime of this case and reflects the depth thereof, etc., the punishment as set forth in the order shall be determined.