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(영문) 서울중앙지방법원 2020.09.10 2020고단4714
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 4, 2013, the Defendant was issued a summary order of KRW 7 million by the Seoul Central District Court on the grounds of the violation of the Road Traffic Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving).

【Criminal Facts】

At around 01:00 on June 2, 2020, the Defendant driven a D leraber vehicle while under the influence of alcohol concentration of approximately 0.229% from around 200 meters to the front road of Gangnam-gu Seoul, Gangnam-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. A notification slip of the result of drinking driving control;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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 provisional payment order is that the defendant, even though he had a record of being punished for drunk driving on around 2013, was driving under the instant case, and the blood alcohol concentration was very high, and the occurrence of a traffic accident has occurred.

However, considering the fact that the defendant's mistake is recognized, the degree of damage to traffic accidents is relatively minor, the occurrence of life damage does not occur, the physical damage caused by traffic accidents seems to have been fully recovered as the vehicles are covered by comprehensive insurance, and the fact that the defendant would not repeat again while disposing of the vehicles, and other circumstances that form the conditions for sentencing specified in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc., are considered as follows.

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