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(영문) 서울중앙지방법원 2020.08.11 2020고단4040

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 16 million won.

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 December 6, 2006, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 26, 2020, at around 23:57, the Defendant driven a motor vehicle with Churburged, while under the influence of alcohol 0.198% in the section of about 10km from May 26, 202 to the front road of Dongjak-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Traffic accident report (actual condition investigation report), D traffic accident situation statement, enforcement manual, and each photograph;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the defendant repeats the driving of drinking alcohol in the case; (b) the distance of the drinking alcohol in this case is reasonable; and (c) the accident occurred due to an accident where the driver stops, under the circumstances unfavorable to the defendant, the victim was not injured; (d) the defendant's records of driving under the same influence of alcohol in the case of a fine once every 15 years prior to a fine; and (e) the fact that there are no other specific criminal records; and (e) the defendant's age, character, environment, motive, means and consequence of the crime; and (e) the punishment is determined as ordered in consideration of various sentencing conditions set forth in the arguments of the case, such as the defendant's age, character, and behavior