beta
(영문) 서울중앙지방법원 2020.09.24 2020고단5104

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On March 15, 2007, the Defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on March 15, 2007. On September 24, 2010, the Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) at the Seoul East District Court.

【Criminal Facts】

At around 01:30 on July 1, 2020, the Defendant driven a DNA halog vehicle with approximately 0.104% of alcohol concentration from around 200 meters to the same Gu C neighboring road in Seocho-gu Seoul, Seocho-gu.

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

Summary of Evidence

1. Request to the defendant for legal statement and reply;

1. Investigation report and investigation report (report on the circumstances of the driver), and the result of blood collection appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, investigation status (verification of criminal records of a suspect), list of relevant cases, judgment, and application of Acts and subordinate statutes 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 had been punished for driving under the influence of alcohol around around 2007 and around 2010, the Defendant was driving under the instant drinking, and the blood alcohol concentration level was considerably high, and the responsibility for the offense is not easy.

However, in full view of all the circumstances, including the fact that the defendant's mistake is recognized and the occurrence of the traffic accident is not led to the occurrence of the traffic accident due to the drinking driving in this case, the drinking driving in this case takes place after the lapse of a considerable period from the previous crime of drinking driving, and the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the punishment as set forth in the records shall