(영문) 서울중앙지방법원 2020.09.24 2020고단4370

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(영문) 서울중앙지방법원 2020.09.24 2020고단4370

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 June 18, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Gyeyang District Court of Suwon on June 18, 2010.

【Criminal Facts】

At around 23:45 on May 14, 2020, the Defendant driven a volume CNS car from the fourth underground parking lot of Seocho-gu Seoul, Seocho-gu to the front day of the settlement of charges, while under the influence of alcohol by 0.183% of blood alcohol level.

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, the place of measuring the drinking alcohol and the report on the results of the crackdown on drinking driving (the report on the situation of the drinking driver);

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Binding a copy of the written summary order before and after sound driving), and application of Acts and subordinate statutes of the 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. 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 2010, and even if he had the record of being punished for driving under drinking around 2010, the 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, the occurrence of the traffic accident is not led to the driving under the influence of alcohol in this case, and the driving under the influence of alcohol in this case takes place after the lapse of a considerable period from the previous crime under the influence of alcohol, and the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the punishment as ordered shall

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