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(영문) 춘천지방법원 2020.09.10 2020고단686

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On June 15, 2012, the Defendant was issued a summary order of KRW 3 million by the Chuncheon District Court for a violation of the Road Traffic Act (driving). On January 30, 2013, the Defendant was sentenced to a fine of KRW 5 million by the Chuncheon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 23:40 on July 3, 2020, the Defendant driven a e-car at approximately 4.3km from the front of the “C” restaurant located in Chuncheon-si B to the front of the Chuncheon-si D Building, while under the influence of alcohol by 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Investigation reports with respect to the hosts, photographs at the time of enforcement, and investigation reports (related to the modification to the operating sections of the suspects);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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 sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant had two times before and after drinking alcohol, the blood alcohol concentration of the instant case, and the stop at the intersection through drinking driving and regulating the police on the surface of the water: Provided, That the previous and the fine are only two times before and after the previous, the last previous and previous departments were about seven years after 2013, and the case did not directly cause any direct damage to the police, it is so decided as per Disposition in consideration of all the sentencing conditions.