(영문) 서울중앙지방법원 2020.11.10 2020고단6976

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(영문) 서울중앙지방법원 2020.11.10 2020고단6976

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

[Criminal Power] On March 12, 2013, the Defendant was issued a summary order of KRW 3 million by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 03:00 on September 13, 2020, the Defendant driven an E-high-speed car with approximately 10km alcohol concentration of about 0.165% in the section from the front of the Yangcheon-gu Seoul apartment building B to the front road of the Seocho-gu Seoul building D, Seocho-gu, Seoul.

Accordingly, the defendant was driven under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement, the oral statement, the circumstantial statement, and the investigation report (the report on the status of the employer's driver) 112; and

1. Criminal records as judged: Application of criminal records, inquiry reports, investigation reports, and summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 70(1) and Article 68(2) of the Criminal Act is to repeat the Defendant’s drinking driving. The instant drinking water is reasonable and the driving distance is also driving.

112. The fact that the circumstances controlled by the report are inferior shall be considered to the disadvantage of the defendant, but the fact that the defendant does not lead to a serious accident, and that the defendant has no record of punishment heavier than the previous fine of this case, due to spinal disorder, and that there is no record of punishment heavier than the previous fine of this case. In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, the punishment shall be determined

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