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(영문) 서울남부지방법원 2020.11.12 2020고단3118
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On February 5, 2014, the Defendant was issued a summary order of KRW 1 million by the Seoul Western District Court as a crime of violating the Road Traffic Act.

【Criminal Facts of Crimes】 On May 10, 2020, the Defendant driven a Brocketing car with the alcohol content of about 0.059% under the influence of alcohol at approximately 15km from the 15km section to the road northwest-ro, Seoul, Yeongdeungpo-gu, Seoul, the Domindong-ro, Seoul, at around 07:39.5.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, investigation report (report on the status of a driver under the influence of alcohol), notification of the results of the control of drinking alcohol, and written

1. Criminal records as judged: Criminal records, inquiry reports, investigation reports (verification of the record of punishment for the same kind of drinking driving), and application of Acts and subordinate statutes of a 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The defendant committed the instant crime even though he had the record of punishment of a fine due to drinking driving, as stated in the judgment of the court below.

The favorable circumstances: The defendant recognized the crime of this case and seriously reflects it.

The defendant's blood alcohol concentration level is not high.

There is no history of punishment other than a fine imposed by the defendant.

In addition to the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions specified in the records and arguments, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances.

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