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(영문) 서울서부지방법원 2020.11.05 2020고단2843
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 27, 2007, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court as a crime of violation of the Road Traffic Act.

Nevertheless, around 11:26 on July 8, 2020, the Defendant driven a DNA car while under the influence of alcohol level of about 0.039% in the section of about 200 meters from the front of Eunpyeong-gu Seoul to the front of the Gu C.

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

Summary of Evidence

1. The defendant's legal statement, inquiry into the result of the crackdown on drinking driving, the investigation report on the circumstantial statement of a drinking driver (report on the circumstances of a drinking driver), the previous records as indicated in the investigation results report: Criminal history records, inquiry reports (attached to a summary order, etc.), and the application of Acts and subordinate statutes 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of punishment for driving under influence of alcohol once, and the Defendant was also driving under the influence of alcohol in this case.

On the other hand, the blood alcohol concentration level at the time of the instant case was not high, and the drinking driving of the instant case did not lead to a traffic accident.

In addition, the previous drinking driving force is about 13 years before.

In addition, the defendant's age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the arguments shall be determined as ordered by considering the various circumstances.

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