(영문) 서울중앙지방법원 2020.03.20 2020고단1032

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(영문) 서울중앙지방법원 2020.03.20 2020고단1032

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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 October 22, 2018, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On February 9, 2020, while the Defendant was under the influence of alcohol of 0.085% of blood alcohol concentration at around 06:09, the Defendant driven a rocketing car at approximately 1km section from 1km to 1km in Gangnam-gu Suwon-dong, Songpa-gu, Seoul to 0.085% of alcohol concentration.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Control note;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of one copy 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 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 repeats the driving of drinking alcohol; (b) the Defendant was under the circumstances that the drinking alcohol level in the instant case is not weak, but is under the unfavorable condition to the Defendant; (c) the previous drinking alcohol level does not lead to an accident; and (d) the previous drinking alcohol level does not have any record of being subject to punishment heavier than the previous fine in the instant case; and (c) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the sentence as ordered is determined by taking into account the various sentencing conditions indicated in the pleadings of the instant case, such as the circumstances after the crime

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