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(영문) 서울중앙지방법원 2020.08.20 2020고단3632
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

On August 22, 2013, the Defendant was issued a summary order of KRW 4 million by the Seoul Western District Court as a crime of violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving as above, at around 22:10 on May 13, 2020, the Defendant driven a FG80 vehicle while under the influence of alcohol 0.060% in a section of approximately 300 meters from the front of the C cafeteria located in Gangnam-gu Seoul Metropolitan Government to the E tri-distance located in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (Attachment of criminal records and summary orders), and application of Acts and subordinate statutes of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant once drives under the influence of alcohol despite the fact that the Defendant had been punished for driving under the influence of alcohol; (b) the interval between the same crime is close to time; (c) the Defendant’s blood alcohol concentration is relatively low; (d) the Defendant recognizes and reflects the facts charged; (b) the Defendant needs to take into account the disadvantage that he may incur in the workplace in the instant case; (c) there is no particular criminal history other than twice of the fine; and (d) the Defendant’s age, character and environment, motive, means and consequence of the crime; and (e) other conditions of sentencing specified in the pleadings of the instant case, such as the circumstances

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