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(영문) 서울서부지방법원 2020.11.17 2020고단3006
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On August 16, 2010, the Defendant issued a summary order of KRW 1.5 million at the Seoul Western District Court for the crime of violation of the Road Traffic Act (driving) and on October 7, 2010, the above summary order became final and conclusive.

【Criminal Facts】

At around 14:50 on August 19, 2020, the Defendant driven a Dsch Rexton car with a blood alcohol concentration of about 0.060% in the 7km section from the vicinity of the Seongdong-gu Seoul Metropolitan City B market to the front road of Eunpyeong-gu Seoul Metropolitan Government.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Report on the circumstances of the accused's legal statement, and inquiry into the records of the control of drinking driving;

1. Application of Acts and subordinate statutes to one copy of the summary order issued by the Seoul Western District Court 201 or 9092, such as investigation report (report on the circumstance of a drinking driver), internal investigation report (report on the assessment of blood alcohol concentration), criminal history records (application of the Madmark), investigation report (Attachment of materials related to the suspect's record of drinking driving), and 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 provisional payment order had already been punished for drunk driving, but the defendant was also driving under the influence of alcohol.

Meanwhile, considering the circumstances favorable to the defendant, such as the fact that the drinking driving of this case does not lead to a traffic accident, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the blood alcohol concentration and driving distance at the time of this case; the age, character and conduct, environment of the defendant; the motive and consequence of the crime; and the circumstances of the crime after the crime.

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