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(영문) 서울중앙지방법원 2020.09.07 2020고단4475
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On October 14, 2015, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violation of the Road Traffic Act by this court.

【Criminal Facts】

On June 7, 2020, at around 23:23:23, the Defendant driven CMW car with a blood alcohol concentration of about 0.151% in the 1km section from the GGra parking lot located in Gangnam-gu Seoul Metropolitan Government to the front of the Korea District Heating Corporation located in Gangnam-gu, 362-25, Dong-dong.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, drinking-free driving, and inquiry into the results of the crackdown on drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of criminal records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a 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 applicable sentencing range] 10,000,000 won or more from 20,000 won to 11,000,000 won (Pronouncement decision] fine 11,000,000 won, the Defendant already committed the instant drinking driving even though he had the record of criminal punishment due to drinking alcohol, and the Defendant’s criminal liability is not easy to view that blood alcohol concentration is very high.

However, in light of the fact that the defendant shouldered and reflected his mistake, the fact that the drinking driving of this case does not lead to the occurrence of a traffic accident, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character, character, environment, economic condition, details, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined in consideration of the sentencing conditions specified in the arguments

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