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(영문) 서울중앙지방법원 2020.06.16 2020고단3298
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five 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 November 25, 2009, the Defendant was issued a summary order of KRW 1 million by the Seoul Central District Court as a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 00:00 on April 26, 2020, the Defendant driven approximately 10 meters of Cricker Vehicle in front of the Seocho-gu Seoul Building while under the influence of alcohol 0.214% of alcohol content.

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. 112Report sheet, on-site photographs;

1. Previous records: Application of criminal records, inquiry reports and 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is recognized that the Defendant’s reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence repeats the drinking driving, and that the drinking water of this case is close to drinking, parked in a state where he turns her after driving, and resists the police at the time of measurement, etc.

However, in the case of this case, when there is an occasion to request the deduction of the vehicle while drinking alcohol at the drinking house, the person who left the drinking house after making a deduction of 10 meters from the vehicle and asked the person who returned to the drinking house again after making a deduction of the vehicle again, requested the police to get the deduction of the vehicle again, and the behavior of the reporter who reported the vehicle as a drinking driving is also difficult to be judged desirable. The driving distance is very minor, and the driving distance is extremely minor, and the defendant has no criminal records except those punished as drinking driving once more than 10 years prior to the previous 10 years. In addition, the defendant's age, character and behavior, the environment, motive, means and result of the crime, and the circumstances after the crime are considered.

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