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(영문) 서울중앙지방법원 2020.12.15 2020고단7522

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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 February 2, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 00:40 on October 11, 2020, the Defendant driven an EMW M4 car approximately 750 meters while under the influence of alcohol concentration of 0.207% from the roads near the C cafeteria located in Gangnam-gu Seoul Metropolitan Government to the front of the same Gu D.

Accordingly, the Defendant driven a motor vehicle not less than twice while under the influence of alcohol.

Summary of Evidence

1. The defendant's legal statement, the oral statement, the circumstantial statement, and the investigation report (the report on the status of the employee);

1. Criminal records as stated in the judgment: Application of criminal records and summary order statutes;

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

1. The grounds for sentencing under Articles 70(1) and 68(2) of the Criminal Act, which are the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, are repeated for a relatively short period of time. The fact that drinking water in this case was leaked, the circumstances at the time of enforcement, etc. are somewhat poor, etc. that are disadvantageous to the Defendant, and the Defendant did not lead to an accident, and the Defendant did not have any record of being subject to punishment heavier than the previous fine in this case, shall be considered as favorable to the Defendant, and the punishment shall be determined as ordered by taking into account the circumstances favorable to the Defendant, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.