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(영문) 서울동부지방법원 2021.01.14 2020고단3332
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Records] On April 26, 2013, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating Road Traffic Act (drinking driving) at the Dong District Court in Seoul, Eastern District Court.

[Criminal facts] On September 6, 2020, the Defendant driven an E 7 vehicle while under the influence of alcohol content of 0.159% from the 800-meter section from the front road of the “C” located in Songpa-gu Seoul Metropolitan Government, Songpa-gu to the front road of the same Gu D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Examination of the defendant's legal records of crackdown on driving alcohol;

1. A survey report on actual condition, a statement on the circumstances of the driver at the main place, and an investigation report (a report on the situation of the driver at the main place);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a summary order, etc. of the same kind of power);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The driving of alcohol is a dangerous crime that may cause the occurrence of traffic accidents and thus may cause the unforeseen behaviors to the life and family of himself/herself as well as other persons. The occurrence of the accident caused by the driving of the instant drinking, the fact that the records of punishment for the violation of the Traffic Act (driving) have occurred one time, the fact that the Defendant recognized his/her mistake and reflects on the fact that the amount of alcohol concentration in blood is high: The defendant's age, sexual behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc. are considered.

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