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(영문) 서울중앙지방법원 2020.05.08 2020고단1722
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 14 million won.

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 June 12, 2008, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul Central District Court, and a summary order of KRW 4 million for the same crime at the Suwon District Court on January 22, 2014, respectively.

【Criminal Facts】

On February 16, 2020, at around 01:23, the Defendant driven a DNA car while under the influence of alcohol content of about 0.206% from the section of approximately 10 meters from the front of Seocho-gu Seoul to the front of the same Gu C.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A report on each investigation (No. 7 and 13 No. 5 of the evidence list) and a photograph of closure;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records), and application of Acts and subordinate statutes governing summary orders;

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 order of provisional payment is to repeat the driving of alcohol. The fact that the drinking water in this case is close to the spreading of alcohol is disadvantageous to the defendant, but the distance of driving is not much than 10 meters, and the driving is temporarily set away in the state of stopping the Dong.

Considering the fact that there are somewhat extenuating circumstances in control, the fact that the defendant has no specific criminal records other than the drinking fine prior to the previous judgment in this case, etc., the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment shall be determined as ordered by taking into account the various sentencing conditions shown in the arguments in this case, such as the defendant's age,

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