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(영문) 서울중앙지방법원 2020.08.18 2020고단5105

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On January 29, 2009, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in Ansan District Court's Ansan Branch.

【Criminal Facts】

At around 00:50 on July 10, 2020, the Defendant driven a C Pote vehicle, which is owned by the Defendant, under the influence of alcohol concentration of 0.153% in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. 112 Declarations, details of internal investigation reports (Attachment to details of 112 Declarations);

1. Criminal records as judged: Application of criminal records, investigation status, and summary order Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order repeats the driving of drinking. The fact that the drinking alcohol in this case is close to drinking. However, the drinking alcohol in this case is merely a driving before and after the defendant's arrival at the house after drinking alcohol, and the fact that the driving of the drinking alcohol in this case seems to have been discovered by the 112 report of the substitute engineer in the course of the payment of charges, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the punishment as per the order shall be determined in consideration of various sentencing conditions shown in the argument in this case, such as the defendant's age, character and behavior, environment, motive, means and result