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(영문) 서울중앙지방법원 2021.01.15 2020고단8781
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal history] On May 13, 2014, the Defendant was issued a summary order of a fine not exceeding three million won for a crime of violating Road Traffic Act (driving) at the Seoul Central District Court.

[Criminal facts] Around November 27, 2020, the Defendant driven D Spo-type car under the influence of alcohol content of about 0.078% in blood at approximately 400 meters from the front road of Gangnam-gu Seoul to the front road of the same Gu C, around November 27, 2020.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. The criminal defendant's legal statement statement, the investigation report and the control report (the situation report of the driver in charge);

1. Criminal records as stated in the judgment: Application of a reply to inquiries, such as criminal history, investigation status (the same kind of force), and summary order-making statutes;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. The reason for sentencing under Articles 70(1) and 68(2) of the Criminal Procedure Act is that the defendant repeated his/her driving under the influence of alcohol while his/her license for driving under the influence of alcohol was revoked, but the drinking value of this case is not a high level, and the driving distance is not controlled and does not lead to an accident. Considering the defendant's favorable consideration of the fact that there is no other criminal history except the criminal record of drinking alcohol as stated in the previous ruling of this case and the non-licenseless driving fine, the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence is determined as ordered by taking into account the various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, motive, means and result.

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