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(영문) 서울중앙지방법원 2020.05.21 2020고단612
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On June 4, 2008, the Defendant issued a summary order of KRW 700,000 to a fine for the violation of the Road Traffic Act at the Seoul Central District Court.

【Criminal Facts】

On January 21, 2020, under the influence of alcohol 0.129% on blood alcohol level, the Defendant driven Bho-do car from the front of a restaurant in the trade name in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, to the front of the new Triho Tri-gu, Seocho-gu, Seoul, in approximately one kilometer from the front of the restaurant in the trade name in Seocho-gu to the front of the new Tri-gu, Seocho-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, application of summary order-related 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. 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 had a record of being punished for driving under the influence of alcohol in light of the fact that the Defendant was driving under the influence of alcohol at the same time, and that the blood alcohol concentration is considerably high, the responsibility for the crime is not somewhat weak.

However, there are many kinds of conditions for sentencing indicated in the records of this case, such as the defendant's age, environment, occupation, background of the crime, circumstance after the crime, etc., that the driving of this case was conducted after a long time from the previous crime of drunk driving, the occurrence of the traffic accident caused by the driving of this case, the situation that the driving of this case does not lead to the occurrence of the traffic accident, the fact that the defendant's family and the branch want not to repeat again while selling the vehicle provided for the crime of this case, and that the defendant's family and the branch want to take a preference against the defendant.

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