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(영문) 서울중앙지방법원 2020.06.04 2020고단758

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2014, the Defendant was issued a summary order of KRW 1 million by the Seoul Northern District Court as a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

On January 19, 2020, the Defendant, while under the influence of alcohol at 00:44% of blood alcohol concentration, driven D vehicles at approximately 1 km from the post-Seoul Special Metropolitan City University to the roads in front of Seoul Special Metropolitan City, Gwanak-gu.

Accordingly, the defendant violated the prohibition of drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of a drinking alcohol measurement and notification of the result of a drinking measurement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report of the same kind of suspect), and application of Acts and subordinate statutes governing summary orders;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant, even though he had a record of being punished for a drunk driving on around 2014, was running under the influence of alcohol in this case.

However, in full view of the following circumstances: (a) the Defendant’s mistake recognized by himself/herself, the blood alcohol concentration is low, the driving distance is relatively short; (b) the occurrence of a traffic accident is not led to the occurrence of a traffic accident due to the driving of the instant alcohol; and (c) the Defendant’s age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the sentence shall be determined as per the Disposition.