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(영문) 서울중앙지방법원 2020.03.20 2020고단1080

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 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 May 31, 2017, the Defendant was issued a summary order of KRW 2 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 17, 2020, at around 02:14, the Defendant, while under the influence of alcohol content of 0.159% on the front side of Gangnam-gu Seoul, violated the prohibition of drinking driving by driving C rocketing car at a level of alcohol content of 0.159%.

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. Control note;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment of a summary order), and application of Acts and subordinate statutes governing a 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 reasons 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; (b) the fact that the drinking alcohol of this case is considerably high; (c) the defendant is not exposed to any circumstances unfavorable to the defendant; and (d) the fact that there is no criminal record other than the drinking water prior to the previous ruling of this case; and (c) the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the punishment as ordered is determined by taking into account various sentencing conditions shown in the argument of