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(영문) 서울중앙지방법원 2020.11.19 2020고단5761
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 March 21, 2014, the Defendant received a summary order of KRW 1,500,000 from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act.

At around July 21, 2020, the Defendant driven a F Sti vehicle from the C parking lot located in Seocho-gu Seoul Metropolitan Government to the Ethym in the same Gu, under the influence of alcohol level of 0.058% on July 21, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Records of drinking alcohol, investigation reports (report on the circumstances of the dacting driver), and investigation reports (applicable with the dactic mark);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Fine)

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 order of provisional payment is that the defendant drives under drinking again even though he had the record of being punished for driving under the influence of alcohol, the time interval with the same crime, the blood alcohol concentration of the defendant is relatively low, the driving distance is short, the defendant recognizes and reflects the facts charged, the defendant has no specific criminal record other than once of the fine, and there is a need to consider the disadvantage that he may suffer in the workplace of this case, and the punishment is determined as the order, taking into account the following factors: the defendant's age, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc.

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