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(영문) 서울중앙지방법원 2020.09.25 2020고단6073
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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 January 28, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Ansan District Court's Ansan Branch on January 28, 2015.

【Criminal Facts】

On July 29, 2020, the Defendant driven C 5 vehicles while under the influence of alcohol with approximately 0.220% of alcohol concentration from around 3.5km to the roads near Yongsan Station in Yongsan-gu Seoul Metropolitan Government to the roads near Dongjak-gu Seoul Metropolitan Government.

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

Summary of Evidence

1. Statement D's legal statement of the defendant, written statement of the defendant, written statement of the circumstances of the driver, and written statement of the driver;

1. Criminal records as stated in the judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes concerning 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. The reason for sentencing under Articles 70(1) and 68(2) of the Criminal Act with the detention in the workhouses is to repeat the driving of alcohol. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is close to drinking, and the circumstance at the time of enforcement is dangerous. The circumstance at the time of enforcement is not attributable to the defendant's unfavorable circumstances or accidents, and the economic situation of the defendant appears to be difficult. The defendant's economic situation seems to be difficult. Considering the fact that there is no criminal record except for the criminal record of drunk driving as stated in the previous ruling, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime are considered in favor of the defendant, and the punishment is determined as ordered by the order.

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