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(영문) 서울중앙지방법원 2020.05.21 2020고단679

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

[Criminal Power] On March 19, 2013, the Defendant received a summary order of KRW 5 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court.

【Criminal Facts】

피고인은 2019. 12. 13. 22:57경 서울 서초구 B빌딩 주차장에서부터 서울 강남구 C에 있는 D주유소 앞 노상에 이르기까지 약 3km 구간에서 혈중알콜농도 0.109%의 술에 취한 상태로 E 넥쏘 승용차를 운전하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A drinking test mark and a report on the detection of a drinking driver;

1. Previous convictions indicated in judgment: Criminal history records, repeated statements (Evidence Nos. 30), and application of two copies of summary order Acts and subordinate statutes;

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 once again drives under the influence of alcohol even though he/she had a number of records of punishment for the drunk driving, the defendant's time distance from the same crime, blood alcohol concentration, driving distance, the defendant's facts charged, the fact that there is no record of criminal punishment exceeding the fine, the defendant's age, character and behavior and environment, motive, means and consequence of the crime, etc., and other conditions of sentencing specified in the argument of the case, such as the circumstances after the crime, shall be determined as the disposition.