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(영문) 서울동부지방법원 2020.11.19 2020고정885
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On September 11, 2015, the Defendant was issued a summary order of KRW 5 million by the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

Nevertheless, around 05:04 on July 12, 2020, the Defendant driven C-car with a alcohol level of about 0.196% under the influence of alcohol level from about 10km to the roads in Seongdong-gu Seoul Metropolitan Government, Seongdong-gu.

Summary of Evidence

1. Report on the circumstances of the accused's legal statement, and inquiry into the records of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, investigation reports (former records and attachment reports of judgments), and copies of summary orders issued under the Acts and subordinate statutes of the same site;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has already been sentenced twice due to drunk driving and once due to unauthorized driving, but the vehicle has been driving in the condition of drinking 0.196% of the blood alcohol concentration at the same time, and the responsibility for the crime is heavy and the possibility of criticism is high.

However, it is hard to say that the defendant recognized the crime of this case, thereby against his mistake, and even if selling a vehicle, etc., it does not repeat the crime of this case. In addition, considering all the sentencing conditions shown in the argument of this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the amount of fine for summary order shall be reduced in part.

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