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(영문) 서울중앙지방법원 2021.02.05 2021고단82
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 14 million won.

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

Reasons

Punishment of the crime

[Power of crime] On January 20, 2010, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating road traffic law (dacting driving) in the Daejeon District Court’s Support for Incheon District Court.

[2] Around December 202, 2020, the Defendant driven a D car under the influence of alcohol content of about 150 meters from the 21:10 square meters near the Dongjak-gu Seoul Metropolitan Government B to the roads in Gwanak-gu, Seoul Special Metropolitan City.

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

Summary of Evidence

1. The defendant's legal statement report on the circumstances of the driver who is placed in the main state, investigation report (report on the circumstances of the driver who is placed in the main state), traffic accident report, photographs, and notification to the reporting department of the 112 Incident;

1. Criminal records as stated in the judgment: Application of an inquiry letter, investigation report (the same kind of force), and summary order-making statute, such as criminal history;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. The reason for sentencing under Articles 70(1) and 68(2) of the Criminal Procedure Act is to repeat the driving of alcohol by the Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act. The fact that the drinking value of the instant case is reasonable, and that the circumstances controlled by the report by 112 are obvious and obvious to mislead pedestrians, the driving level is not much unfavorable to the Defendant, or the driving distance is not long, and the Defendant has many records of causing traffic accidents. However, the previous driving of the instant case is punished by the previous driving of the alcohol, taking into account the fact that the previous driving of the instant case is only one time prior to the fine recorded in the judgment, and the Defendant’s age, sex, environment, motive, means and result of the crime, and the circumstances after the crime, etc., is determined by taking into account the various sentencing conditions indicated in the oral argument of the instant case, such as the criminal records as stated in the judgment.

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