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(영문) 서울중앙지방법원 2020.09.24 2020고단5061
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

[Criminal Power] On March 31, 2011, the Defendant was sentenced to a fine of KRW 4 million by the Seoul Southern District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 4, 2020, at around 00 00:20, the Defendant driven a binger car under the influence of alcohol concentration of approximately 500 meters from the section of approximately 500 meters from the French-dong, Incheon Metropolitan City to the end-of-end road of approximately 463, Nam-gu, Incheon.

As a result, the defendant violated the prohibition of drinking driving and drives a motor vehicle under the influence of alcohol again in violation of the above provision.

Summary of Evidence

1. Defendant’s legal statement, statement and control of drinking driving and investigation report on the results thereof (report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on the application of amended Acts and subordinate statutes - confirmation of criminal records), application of written judgments;

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 201, and even if he had the record of being punished for driving under drinking around 201, the Defendant was driving under the instant case, and the volume of blood alcohol concentration was very high, and the responsibility for the crime is not somewhat weak.

However, in full view of all the circumstances, including the fact that the defendant's mistake is recognized and the occurrence of the traffic accident is not led to the occurrence of the traffic accident due to the drinking driving in this case, the drinking driving in this case takes place after the lapse of a considerable period from the previous crime of drinking driving, and the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the punishment as set forth in the records shall

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