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(영문) 서울중앙지방법원 2020.10.22 2020고단5689
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 16, 2017, the Defendant was issued a summary order of KRW 3 million by the Seoul Western District Court due to a violation of the Road Traffic Act.

On July 17, 2020, the Defendant was under the influence of alcohol of 0.085% with blood alcohol concentration around 01:30 on July 17, 2020, in approximately 300 meters from the roads in front of Gangnam-gu Seoul to the roads in front of the same Gu, driving Denz C43AMG car.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Investigation report of the defendant's written appraisal of his/her legal statement (report on the circumstances of the driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same criminal records and summary order), 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing order under Article 334(1) was that the Defendant was punished for driving under drinking around 2017, and the instant drinking operation was conducted under the influence of alcohol at the same time, and the volume of blood alcohol concentration was not lowered, and the responsibility for the offense is not easy.

However, considering the fact that the defendant's mistake is recognized and the occurrence of a traffic accident is not led to the driving under the influence of alcohol in this case, and other various circumstances, such as the defendant's age, environment, occupation, occupation, family relationship, circumstances after the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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