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(영문) 서울중앙지방법원 2020.05.14 2020고단276
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On December 5, 2007, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 23, 2019, at around 23:38, the Defendant driven a car with E benz E220d in a state of alcohol alcohol concentration of about 700m from around 700m to the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul.

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. A written appraisal of blood alcohol;

1. Report on detection of a host driver;

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

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (criminal records of the same kind of crime of a suspect), and application of Acts and subordinate statutes of related summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 a record of being punished for a drunk driving on around 2007, while driving the instant drinking, and in light of the fact that the blood alcohol concentration is high, the responsibility for the relevant crime is not easy.

However, in full view of the following circumstances: (a) the Defendant’s mistake recognized by himself, the driving distance is relatively short; (b) the driving of the instant case takes place after a prolonged period from the previous crime of drinking alcohol; and (c) the occurrence of a traffic accident is not led to the occurrence of the instant drinking driving; and (d) other circumstances, including the Defendant’s age, environment, occupation, background of the crime, and circumstances after the crime, etc., on which the sentencing conditions indicated in the records of the instant case

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