(영문) 서울동부지방법원 2021.02.17 2020고단3881

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(영문) 서울동부지방법원 2021.02.17 2020고단3881

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 11, 2007, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court.

around 15:42 on October 23, 2020, the Defendant driven an E SP car from the restaurant of Gangdong-gu Seoul Metropolitan Government “C” to the front street of the D building of Gangdong-gu Seoul Metropolitan Government, while under the influence of alcohol concentration of about 0.153% during blood, from around 500 meters to around the street of the D building.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) provides for the following factors: (a) a dangerous criminal who may not only himself/herself but also cause unexpected conduct to another person’s life and home by raising the possibility of traffic accident; (b) a defendant has a record of being fined once due to drinking; (c) a person has no record of exceeding a fine; (d) a person has no driving distance; and (e) a person has no driving distance; and (e) the sentencing conditions in the trial process of the instant case, such as the circumstances after

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