(영문) 서울중앙지방법원 2020.05.07 2019고단8115

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(영문) 서울중앙지방법원 2020.05.07 2019고단8115

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On February 19, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court as a crime of violation of the Road Traffic Act.

On October 29, 2019, around 08:32, 2019, the Defendant driven a D SP car while under the influence of alcohol with approximately 40km alcohol concentration of about 0.048% from the 40km section to the front road of Ansan-si, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of summary order);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant had a record of being punished for a drunk driving on around 2016, and even at the same time, the Defendant was driving under the influence of alcohol and the distance of driving under the influence of alcohol is very high.

However, the Defendant recognized his mistake and reflects the fact that the blood alcohol content was relatively high, and the crime of this case was committed under the circumstances that may be taken into account as a consequence of the night driving without resolving the state of drinking prior to the previous day. The occurrence of the traffic accident is not led to the occurrence of the traffic accident due to the driving under the influence of alcohol in this case, and other circumstances, including Defendant’s age, environment, occupation, background of the crime, and circumstances after the crime, etc., the sentence as ordered, shall be determined by taking full account of all the circumstances, which are the conditions for sentencing indicated in

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