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(영문) 서울중앙지방법원 2020.05.14 2020고단599

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

[Criminal Power] On May 7, 2012, the Defendant was issued a summary order of KRW 4 million at the Seoul Central District Court.

【Criminal Facts】

On December 11, 2019, at around 22:25, the Defendant driven CMW car in the section of French distance from the site of the Gangnam-gu Seoul Cheongdamdong to the front of the same Gu while under the influence of alcohol content of 0.126%.

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. Investigation report, report on the situation of a drinking driver, notification on the results of the control of drinking driving, and record of the measurement of drinking;

1. Application of Acts and subordinate statutes of one copy of criminal records, etc. inquiry report, investigation report (suspect's previous record and confirmation report), and summary order;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly necessary to eradicate the drunk driving, and the defendant again drives under the influence of alcohol despite his/her past record of punishment for drunk driving, the defendant's distance of time from the same crime, blood alcohol concentration of the defendant, driving distance, the fact that the defendant recognizes the facts charged, the fact that there is no record of criminal punishment exceeding the fine, and other conditions of sentencing specified in the argument of the case, such as the defendant's age, character and conduct and environment, motive, means and consequence of the crime, etc., shall be determined as ordered, taking into consideration