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(영문) 서울중앙지방법원 2021.03.23 2021고단316
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

[criminal history] On January 19, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

[2] On November 1, 2020, the Defendant driven a rocketing car at approximately 800 meters away from the Do in front of the parking lot in Seocho-gu Seoul to the road front of the building in the same Gu, while under the influence of alcohol content of around 01:35 on November 07, 2020.

Summary of Evidence

1. The defendant's legal statement F of the police report on a traffic accident (temporary traffic accident), the driver's circumstantial statement report on the situation of the driver at the State, the investigation report (official application of the aforementioned dmark), the accident vehicle and on-site photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to such previous summary order);

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

Unfavorable circumstances: The defendant committed the crime of this case in 2017 because of the fact that he had been punished for drinking driving in 2017.

At the time of the instant crime, the alcohol concentration in the blood is considerably high by 0.183%.

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

There is no criminal history other than one criminal record written in the judgment of the defendant.

The defendant agreed with the victim of the traffic accident.

The above circumstances and all sentencing factors appearing in the records and arguments of this case, such as the character, conduct, age, environment, motive and background of the crime, circumstances after the crime, etc., shall be considered, and the punishment as ordered is determined.

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