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(영문) 서울중앙지방법원 2021.03.23 2021고단437
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Records] On March 24, 2008, the Defendant was sentenced to a fine of KRW 1,50,000 as a crime of violating Road Traffic Act (driving) at the Seoul Central District Court.

[Criminal facts] around 02:20 on September 4, 2020, the Defendant driven a D low-priced car with a distance of about 2.8 km from the front of Yongsan-gu Seoul apartment to the front road of Dongjak-gu Seoul Metropolitan Government, Seoul, while under the influence of alcohol level of 0.172% during blood.

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

Summary of Evidence

1. The defendant's oral statement report on the circumstances of the driver who is placed in the main line and the situation report on the driver;

1. Investigation report (the response of alcohol during the blood transfusions of the suspect), investigation report (the application of the above dmark formula to the suspect A);

1. Previous convictions in the judgment: (A) reporting the results of confirmation of the previous convictions of each disposition; (A) reporting the summary order of the Gwangju District Court’s Netcheon Branch (2000 type No. 9378); summary order of the Seoul Central District Court (2008 type No. 24712); application of the Acts and subordinate statutes to a reply to inquiry, such as criminal history;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the custody of the workhouses;

1. Scope of punishment: Fines of 10 million won to 20 million won;

2. The sentencing criteria are not set for the crimes for which the sentence is decided; and

The defendant has a record of punishment for driving under the influence of alcohol as well as the record of punishment for driving under the influence of the crime.

Nevertheless, the defendant has committed the crime of this case by driving under the influence of drinking.

At the time of the instant crime, the alcohol concentration in the blood is considerably high by 0.172%.

The favorable circumstances: The defendant led to the confession of the crime of this case and reflects the mistake.

The drinking driving of the instant case did not lead to a traffic accident.

The Defendant is to prevent recidivism, such as disposing of his vehicle after the instant case.

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