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(영문) 서울중앙지방법원 2020.12.03 2020고단4628
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

On November 19, 2012, the Defendant issued a summary order of KRW 4 million at the Seoul Central District Court for a violation of the Road Traffic Act.

On May 27, 2020, at around 05:49, the Defendant driven a vehicle B with the blood alcohol concentration of about 700 meters at approximately 0.113% while under the influence of alcohol at around 700 meters from the road near the Gangnam-gu Seoul Seo-gu one (Seoul), to the distance of active service of about 510, Gangnam-gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement and the defendant's report on the results of crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes governing 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 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 order of provisional payment was that the defendant had been punished for driving under drinking around 2012, and even if he had the record of being punished for driving under drinking around 2012, the blood alcohol concentration was considerably high, and the responsibility for the crime is not somewhat weak.

However, considering the fact that the defendant's mistake is recognized and the occurrence of a traffic accident is not led to the driving under the influence of alcohol in this case, and other various circumstances, such as the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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