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(영문) 청주지방법원 충주지원 2020.02.18 2020고단1

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

[criminal power] On December 21, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on December 21, 2007, and a summary order of KRW 1 million for the same crime at the same court on April 3, 2015.

【Criminal Facts】

On December 24, 2019, at around 09:40 on December 24, 2019, the Defendant driven a motor vehicle in the Esp-type under the influence of alcohol concentration of about 0.045% from the 2km section from the underground parking lot of the building B to the front road of the D in the Chungcheong City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Criminal records: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, etc.;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (Consideration of night operation, blood alcohol concentration, period of recidivism, criminal records, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;