beta
(영문) 서울중앙지방법원 2020.05.14 2020고단185

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On October 27, 2017, the Defendant was issued a summary order of KRW 3 million at the Seoul Western District Court as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On December 14, 2019, at around 09:49, the Defendant driven an E-Poter truck with approximately 8km section from the c elementary school located in Mapo-gu Seoul Metropolitan Government B to the front road of Dongjak-gu, and with the blood alcohol concentration of 0.033% under the influence of alcohol.

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. Investigation report (report on the circumstances of an immigration driver);

1. Records before judgment: Application of criminal records, reply reports and summary order (Seoul Western District Court Decision 2017 High Court Decision 8738);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant had a record of being punished for a drunk driving on around 2017, and even at the same time, the Defendant was driving under the influence of alcohol and the distance of driving under the influence of alcohol is very high.

However, the Defendant’s mistake and reflects the Defendant’s mistake, and the blood alcohol concentration is low, and the Defendant’s crime of this case was committed under circumstances that may be somewhat taken into account due to the night driving under the circumstances in which the previous drinking state was not resolved, and the occurrence of the instant traffic accident was not led to the occurrence of the instant accident due to the drinking driving, and other circumstances, including the Defendant’s age, environment, occupation, process of the crime, and circumstances after the crime, etc., which are the conditions for sentencing indicated in the records of this case, shall be determined as ordered by the sentence