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(영문) 서울동부지방법원 2019.10.18 2018고단4015

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

around 03:05 on October 18, 2018, the Defendant driven a DNA-learning car with approximately 150 meters alcohol concentration of about 0.196% in the section from the front of Gwangjin-gu, Seoul to the front of Gwangjin-gu, Seoul.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A traffic accident report;

1. Notification of the control results of drinking driving, and a report on the circumstances of drinking drivers;

1. Application of Acts and subordinate statutes to report internal investigation (a written attachment of a victim E);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a vehicle while under the influence of alcohol, and whose blood alcohol concentration was high at the time, the liability for the crime is not minor.

In addition, the defendant had a record of criminal punishment for drunk driving, but re-offending.

However, considering the fact that the distance of drunk driving was relatively short, the sentence shall be determined like the order, comprehensively taking into account the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the trial process.