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(영문) 서울서부지방법원 2020.08.13 2020고단1537
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On September 10, 2015, the Defendant was issued a summary order of a fine of KRW 4 million at the Seoul Central District Court on September 10, 2015.

【Criminal Facts】

On April 29, 2020, at around 01:27, the Defendant driven a NAS car under the influence of alcohol of about 0.101% of alcohol concentration from around approximately 6.3km to the front road of Yongsan-gu Seoul Metropolitan Government, from the 172 in the vicinity of the luminous Station, as the Jongno-gu Seoul Metropolitan Government Type 3.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of one copy of criminal history record, reply, and 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of being punished once for a drunk driving in 2015, the instant drinking driving was conducted at the same time, and a traffic accident occurred due to the instant drinking driving.

On the other hand, considering the circumstances favorable to the defendant, such as the fact that the defendant has no record of criminal punishment other than the records of drinking driving, the fact that the defendant again commits an error that the defendant would not commit such an error, and thus is against depth, the punishment as the order shall be determined by taking into account various sentencing conditions specified in the argument of this case, such as the drinking water and driving distance of this case, the age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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