beta
(영문) 서울중앙지방법원 2020.05.14 2020고단75

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2008, the Defendant was issued a summary order of a fine of three million won by the District Court of Jung-gu as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 3, 2019, the Defendant was under the influence of alcohol content of 0.117% on blood alcohol level on November 3, 2019, and was driving DSS5 car from approximately 650 meters from the front of Gangnam-gu Seoul to the front of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. Investigation reports (report on the circumstances of a driver), investigation reports (related to the observation of noise), investigation reports (site investigations), investigation reports ( telephone conversations with police officers in charge of the control), investigation reports (to confirm traffic situationCCTV near the place of departure) and investigation reports (to confirm CCTVs for the control of illegal stopping and stopping in and near the control place);

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order of the same attached Table), and application of Acts and subordinate statutes of one 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 of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the Defendant, even though he had the record of being punished for a drunk driving on around 2008, was running the instant drinking, and that the blood alcohol concentration is high, the responsibility for the crime is not somewhat weak.

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