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(영문) 서울중앙지방법원 2020.06.22 2020고단2148
도로교통법위반(음주운전)
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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

On February 13, 2020, at around 02:15, the Defendant driven a D SP car owned by the Defendant in a section of about 200 meters from the Gwanak-gu Seoul Special Metropolitan City to the roads adjacent to the same Gu, under the influence of alcohol level of 0.094%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Inquiry the results of the crackdown on drinking driving and the application of Acts and subordinate statutes of a certificate of drinking measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] The Defendant’s criminal liability is not less than that of the crime of this case, taking into account the following: (a) a fine of KRW 5,00,000 to KRW 10,00 [Pronouncement Decision] a fine of KRW 7,000; (b) a fine of KRW 7,00,000; (c) the Defendant attempted to flee without complying with the traffic police’s check-up; (d) a police officer’s desire to take a bath; and (e) a police officer committed the crime of this case without being aware of the period of repeated offense due to rape, etc.

However, in light of the following: (a) the Defendant’s mistake is broken down and against his own mistake; (b) there is no record of criminal punishment for the same crime prior to the instant case; (c) the driving of alcohol in the instant case does not lead to the occurrence of a traffic accident; and (d) the Defendant’s age, character, character, environment, details, motive, means and consequence of the crime; and (c) other various sentencing conditions specified in the pleadings of the instant case

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