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(영문) 춘천지방법원원주지원 2020.09.10 2020고정131

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 29, 2011, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on March 4, 2016.

On January 21, 2020, at around 20:10, the Defendant driven a eland with blood alcohol content of about 0.031% under the influence of alcohol from the 1km section from the front of the apartment building B of the Gangwon-gun, to the front of the Dju station located in C, to the road of the Dju station.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry the results of the drinking driving control;

1. Records of its ruling: Criminal history records, inquiry report (A), investigation status (Attachment to a report on a case of driving under the same kind of suspect), summary order, and application of Acts and subordinate statutes not prosecuted;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is based on the following comprehensive consideration: (a) the Defendant’s blood alcohol content is 0.031% due to the so-called so-called so-called so-called so-called drunk driving; and (b) the Defendant’s age, character and conduct, family relationship, environment, and other various circumstances shown in the trial process of the