(영문) 서울중앙지방법원 2020.02.04 2020고단76

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(영문) 서울중앙지방법원 2020.02.04 2020고단76

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven 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 June 22, 2007, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act in the Daejeon District Court's Incheon District Court's Support.

【Criminal Facts】

On October 18, 2019, at around 22:48, the Defendant driven B rocketing car with a blood alcohol content of about 500 meters from the front of the water condition of the Sugnam-si, Sungnam-si, the Sungnam-si, to the front road of the 0.038% higher than that of the 0.038% higher than that of the 0.038% higher than that of the Mannam-si, the Sungnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Although the awareness of the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order does not pass through any emphasizing, the Defendant’s repeated driving of drinking alcohol does not reach an accident because of the circumstances unfavorable to him; however, the Defendant’s previous records of driving alcohol are limited to once more than ten years prior to his previous record of driving alcohol; and the Defendant did not have a high drinking level at the time of his previous record of driving alcohol. 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 considered in favor of the Defendant. In addition, the punishment as set forth in the text of the instant case shall be determined by taking into account various sentencing conditions shown in the pleadings

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