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(영문) 춘천지방법원 속초지원 2014.11.05 2014고정122

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is engaged in the operation of CK5 cars. The defendant is engaged in the operation of CK5 cars.

On July 15, 2014, at around 03:03, the Defendant driven the said car under the influence of alcohol level of about 0.109% from the 1km section to the new funeral distance in the Cheongnam-dong of the same city on the same day from the front day of the food village in the Sinsi-si, Sinsi-si at around 03:13 on the same day.

The defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the early branch of Chuncheon District Court on March 14, 2013, and on July 31, 2014, the same court issued a summary order of KRW 4 million for the same crime and filed a request for formal trial (the above 2014 High Court Decision 122) and is currently pending trial.

【Criminal Facts】

The Defendant, as seen above, driven a CK5 vehicle under the influence of alcohol content of 0.118%, from the front day of the inner bathing beach located in Choyang-dong, Seocho-si on August 16, 2014, to the Macheon-do parking lot located in the same Dong-dong, for approximately 2 km section from the front day of the inner bathing beach located in Choyang-dong, Seocho-si, Seocho-si.

Accordingly, the Defendant, who was a drunk driver twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Each host driver report;

1. Statement on the status of the driver, the statement on the status of the driver, and the statement on the status of the driver;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (report on confirmation of criminal records of the same type of suspect), summary orders, copies of summary orders, application of Acts and subordinate statutes to the agreement assistance council of cases;

1. Relevant legal provisions and Article 148-2 (2) 2 of the Road Traffic Act (the point of driving under the influence of alcohol, the point of driving under the influence of alcohol, and the selection of fines by prohibition of disadvantageous changes), Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol, the point of driving under the influence of alcohol, and the choice of imprisonment) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)3 of the Criminal Act are applicable;