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(영문) 서울동부지방법원 2020.11.19 2020고단2818

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On March 25, 2019, the Defendant received a summary order of a fine of two million won for the crime of violating the Road Traffic Act at the Seoul Eastern District Court.

【Criminal Facts】

On June 7, 2020, at around 01:10, the Defendant driven a car with Cromatic alcohol level of about 0.079% under the influence of alcohol level at around 20 meters on the front road of Seongdong-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Investigation report on the defendant's legal statement (application of the Ba mark official) on drinking, measuring machine and output, and report on the situation of the driver;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (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 sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (b) the various sentencing conditions specified in the records and arguments, including the circumstances after the crime, etc.

The favorable circumstances: The fact that the defendant's blood alcohol level is high and the distance of drinking driving is short distance, etc., which reflects the fact that he/she recognizes the crime and reflects the mistake, and that the defendant's blood alcohol level is short distance: The defendant has been punished once due to drinking driving, etc., but he/she once again conducted drinking driving in approximately one year and three months, etc.