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(영문) 서울중앙지방법원 2020.12.10 2020고단6863

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 March 23, 2007, the Defendant was issued a summary order of a fine of one million won at the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On September 23, 2020: (a) around 00:17, the Defendant driven a D-solided car in the state of alcohol alcohol concentration of about 0.149% from the parking lot of C Bank located in Jung-gu Seoul Metropolitan Government to the road near the above parking lot.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report of the defendant's legal statement and the results of the crackdown on drinking driving (report on the situation of the drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes of a copy of 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, even though he had a record of being punished for driving under the influence of alcohol around 2007, was driving under the instant case at the same time, and the blood alcohol concentration was considerably high, and the responsibility for the relevant crime is not easy.

However, in light of the above circumstances, the defendant's mistake is against himself, the driving distance is short, the driving of the case takes place after a long period from the previous crime of drinking alcohol, the situation that the defendant would not repeat again while disposing of his own vehicle, and the situation that the defendant would be likely to lose his workplace if he is punished by imprisonment without prison labor or heavier. In light of the above circumstances, the defendant's age, environment, occupation, family relation, circumstances after the crime, etc., and all other circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, environment, occupation, family relation, circumstances after the crime, etc. are considered as a whole.