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(영문) 서울중앙지방법원 2020.09.10 2020고단4551
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 12, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court, and on April 16, 2018, the Seoul Central District Court issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On June 20, 2020: (a) around 03:59, the Defendant driven Csch Rexroth car under the influence of alcohol concentration of about 0.128% from approximately 5 K Km to the front road of Seocho-gu Seoul, Gangnam-gu, Seoul, for about 538 KM to about 0.128%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on records of drinking tests and results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of related summary order-related 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 had been punished for driving under the influence of alcohol around around 2007 and around 2018, the Defendant was driving under the instant drinking, and the blood alcohol concentration was considerably high, and the responsibility for such crime is not somewhat weak.

However, in full view of all the circumstances, including the defendant's erroneous recognition of his/her own mistake, the fact that the occurrence of the traffic accident is not led to the driving of the instant drinking, the driving of drinking prior to around 2018 was done before a prolonged period from the driving of the instant drinking, and the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined as per Disposition.

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