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(영문) 서울중앙지방법원 2020.11.12 2020고단6270
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

On February 20, 2014, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Seoul Southern District Court.

On August 26, 2020, around 18:32, 2020, the Defendant driven D Sti-type vehicles with approximately 12 km section from the vicinity of Songpa-gu Seoul Sail Station to the front road of the Clux in Seoul Gwanak-gu, Seoul Special Metropolitan City, while under the influence of alcohol concentration of about 0.074%.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Report of the defendant's legal statement and the results of the crackdown on drinking driving (report on the situation of the drinking driver);

1. Previous records before judgment: Application of criminal records, reply reports, and summary orders issued by Seoul Southern District Court Decision 2013 High Court Decision 201Da5096;

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 been punished for driving under drinking around 2014, and even if he had the record of being punished for driving under drinking around 2014, the Defendant was driving under the instant drinking, and the blood alcohol concentration was not lowered, and the driving distance was considerably long, so the responsibility for the crime is not easy.

However, considering the fact that the defendant's mistake is recognized and the occurrence of a traffic accident is not led to the driving under the influence of alcohol in this case, and other various circumstances, such as the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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