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(영문) 서울중앙지방법원 2020.08.20 2020고단3837
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On November 20, 2008, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Busan District Court’s Busan District Court’s Branch Branch.

【Criminal Facts】

On May 29, 2020, at around 20:57, the Defendant driven a franchise-free car with approximately 8 km alcohol concentration of about 0.209% under the influence of alcohol on the section of approximately 8 km from the road near Mapo-gu Seoul Metropolitan Government to the front road in Jongno-gu Seoul.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of a drinking driver), investigation report (the date and time for the final drinking and the distance from the departure place and operation of the vehicle);

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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, even though he had a record of being punished for driving under the influence of alcohol in around 2008, was driving under the instant case, and the blood alcohol concentration was very high, and the responsibility for the crime is not somewhat weak.

However, in full view of all the circumstances, including the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, etc., the sentencing conditions indicated in the records, such as the defendant's age, environment, family relation, circumstance after the crime, etc., the driving of the case does not lead to the occurrence of a traffic accident due to the drinking driving.

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