(영문) 서울중앙지방법원 2020.01.10 2019고단5810

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(영문) 서울중앙지방법원 2020.01.10 2019고단5810

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

[Violation Power] On August 6, 2019, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

The date of crime is June 15, 2019.

【Criminal Facts】

On July 29, 2019, at around 22:49, the Defendant driven an E-7 car under the influence of alcohol content of about 0.090% from the front of the “C” in Gwanak-gu in Seoul Special Metropolitan City to the front road of the same Gu as D.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Records of violation of judgment: Disposition not only before the disposal, report on the results of confirmation, and application of Acts and subordinate statutes of 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant has repeatedly driven alcohol once again; (b) the Defendant was discovered to drive alcohol for one month, and the circumstances leading to the instant crime are inferior; (c) the amount of drinking alcohol is high; and (d) the Defendant has failed to faithfully comply with the instant public trial, etc.; (b) the Defendant’s remaining young and has no record of being subject to punishment heavier than the previous fine; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the Defendant’s failure to comply with the instant public trial in good faith, etc. shall be considered in favor of the Defendant; and (d) the sentence shall be determined as per the order, taking into account the various conditions of sentencing specified in

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