(영문) 서울중앙지방법원 2020.10.13 2020고단4001

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자간(%)

(영문) 서울중앙지방법원 2020.10.13 2020고단4001

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On May 29, 2014, the Defendant was issued a summary order of KRW 2.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 01:50 on May 12, 2020, the Defendant driven D-Wz vehicles with approximately 1km from the front of the office located in Gangnam-gu Seoul to the front of the Seoul Seocho-gu Seoul building, while under the influence of alcohol content of about 0.127% while under the influence of alcohol content.

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

Summary of Evidence

1. The defendant's legal statement, the oral statement, the circumstantial statement, and the investigation report (the report on the status of the employee);

1. 112 reported case handling table;

1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, investigation reports, and copies of summary order 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. The reason for sentencing under Articles 70(1) and 68(2) of the Criminal Act requires the Defendant to repeat driving under influence of alcohol (a) of the Criminal Procedure Act. The Defendant has a high drinking level in the instant case where the execution of imprisonment is suspended due to driving under influence of alcohol, etc., in addition to the record of criminal records, even before driving under influence of alcohol). The circumstance that the Defendant did not faithfully respond to a temporary trial is unfavorable to the Defendant, or the circumstance that the Defendant did not lead to a bad condition or accident that is disadvantageous to the Defendant, or that 112 report was made at his own home, and that the Defendant appears to have violated the Defendant’s mistake at the time of the report is considered favorable to the Defendant. In addition, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be determined as the sentence as per the order, taking into account the various sentencing conditions

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