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(영문) 서울서부지방법원 2020.10.06 2020고단2505
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

On April 3, 2009, the defendant was given a summary order of 500,000 won by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

At around 01:40 on July 20, 2020, the Defendant driven C Lastren car in the state of alcohol alcohol concentration of about 0.211% at a section of about 5 km from the 55 km-ro, Mapo-gu, Seoul to the front road of Eunpyeong-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting of the results of the drinking driving control and the results of the drinking driving control;

1. Application of the Act and subordinate statutes on criminal records, etc., investigation reports, and investigation reports (Attachment to the same type of power);

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 the record of punishment for driving under drinking once, and the driving under this case was done under the influence of alcohol at the same time, and the blood alcohol concentration level at the time of this case is very high.

On the other hand, the drinking driving of this case did not lead to a traffic accident, and the previous drinking driving force was about 11 years.

In addition, the defendant again said that he would not distort such a mistake.

In addition, 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 arguments shall be determined as ordered by considering the various circumstances.

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