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(영문) 서울중앙지방법원 2020.08.27 2020고단4155
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On October 21, 2008, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on March 22, 2010, the Seoul Southern District Court issued a summary order of KRW 2 million for the same crime.

【Criminal Facts】

On May 30, 2020, the Defendant was under the influence of alcohol with 0.175% of blood alcohol concentration at around 05:45, and was driving an EW car at the section of approximately 1.7 km from the front of the C cafeteria in Gangnam-gu Seoul to the front of the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Records of drinking measurements and the results of the regulation of drinking driving;

1. Investigation report (report on the circumstances of an accused driver) and internal investigation report (report on the conditions that the normal driving of the accused is difficult);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment of the same criminal suspect's previous records and summary orders), and application of two copies of the summary order 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 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 provisional payment order is that the Defendant was punished for driving under influence around around 2008 and around 2010, and even if he had the record of being punished for driving under influence of alcohol, the blood alcohol concentration was very high, and that the traffic accident caused by driving under influence of alcohol in this case, etc., the responsibility for the crime is not easy.

However, it is against the defendant's wrong recognition, the degree of damage to traffic accidents is relatively minor, and there is no damage to human life. The drinking driving of this case takes place after the lapse of a period from the previous crime of drinking driving, and other records are recorded in the records, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, etc.

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