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(영문) 서울서부지방법원 2020.10.06 2020고단2514
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On April 17, 2020, the Defendant was issued a summary order of KRW 3 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 5, 2020, at around 21:56, the Defendant driven an Erash vehicle with blood alcohol concentration of about 0.104% in a section of about 200 meters from the parking lot of the second apartment of Yongsan-gu Seoul Metropolitan Government to the front roads of D located in the same Gu C.

Accordingly, the defendant violated the prohibition of re-offending of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol and the inspection results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports;

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 with regard to a provisional payment order was that the Defendant had been punished for driving under drinking once, but he/she also driven under drinking at the time of approximately three months thereafter.

On the other hand, the drinking driving of this case did not lead to a traffic accident, and the driving force of the above drinking driving is entirely subject to criminal punishment.

In addition, the defendant again said that he would not distort such a mistake.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances, such as the drinking alcohol level and driving distance, the age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the arguments.

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