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(영문) 서울중앙지방법원 2020.08.20 2020고단3543

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 June 13, 2016, the Defendant was issued a summary order of KRW 5 million due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court.

【Criminal Facts】

On May 10, 2020, the Defendant driven D k7 car while under the influence of alcohol with approximately 0.205% of alcohol concentration from around 750 meters from the front of Gangnam-gu Seoul to the front of the same Gu C on the road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The output of the result of the drinking measurement;

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

1. Previous convictions indicated in judgment: Application of one copy of the criminal history record, investigation report, and 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 influence around around 2000 and around 2016, and even if he had a record of being punished for driving under influence of alcohol, he/she was driving under the instant case, and the blood alcohol concentration was very high, and the responsibility for such crime is not somewhat weak.

However, in full view of the following circumstances, the defendant's mistake recognized by himself/herself, the occurrence of a traffic accident does not lead to the driving of the instant drinking, the driving of drinking prior to around 2016 took place before a prolonged period from the drinking driving of the instant case, and other factors, such as the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition.