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(영문) 서울서부지방법원 2020.11.17 2020고단2937
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 18 million won.

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

Reasons

Punishment of the crime

[criminal power] On June 19, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Jeonju District Court for a violation of the Road Traffic Act, and on November 27, 2012, the Defendant was issued a summary order of KRW 4 million by the Incheon District Court for a violation of the Road Traffic Act.

【Criminal Facts】

On September 11, 2020, the Defendant driven CMW car with approximately 0.149% of alcohol level 0.149% under the influence of alcohol level from around 01:01 around 01, 202 to around 3km road in Mapo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement of the defendant's legal statement, the circumstantial statement, and the results of the drinking driving control;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (report accompanied by 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant had been punished for drunk driving two times, but he/she also driven under drinking.

On the other hand, there was no traffic accident due to the drinking driving of this case, and the defendant again said that he will not commit such a mistake.

In addition, the degree of blood alcohol concentration and driving distance at the time of the instant case, the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments shall be determined as ordered.

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