(영문) 서울중앙지방법원 2020.01.17 2019고단8331

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(영문) 서울중앙지방법원 2020.01.17 2019고단8331

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 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 August 13, 2009, the Defendant was issued a summary order of a fine of two million won by the Seoul Central District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On November 24, 2019, at around 04:31, 2019, the Defendant driven a ice-type car with a blood alcohol content of about 0.112% under the influence of alcohol at approximately 4km from around 125, as Seoul Seocho-gu, Seocho-gu, Seoul, to reach the 125 road.

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. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes governing summary orders;

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 drunk driving; (b) both the drinking alcohol level of the instant case and the previous drinking alcohol level of the instant case are high; and (c) the fact that the criminal records, other than the criminal records stated in the judgment, have no specific criminal records, are seriously controlled and does not lead to an accident; and (c) the Defendant has no specific criminal records; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc. are considered favorable to the Defendant; and (d) the sentence is determined as per the order, taking into account the various sentencing conditions indicated in the argument of

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