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(영문) 춘천지방법원 강릉지원 2020.03.26 2020고정3

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal power] On April 2, 2014, the Defendant was issued a summary order of KRW 4 million at the Gangseo branch court of the Chuncheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 17, 2019, the Defendant was a person with the power of violating the prohibition of driving under the influence of alcohol, and driven Egabbine low 50cc, 49cc, while under the influence of alcohol at approximately 800 meters from the roads near Gangnam-si B to the roads near D hotel in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 112 Reporting case management table;

1. A criminal investigation report (Attachment to photographs taken by a police officer on the spot), a photographic CD;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of drinking driving), and application of summary order-related Acts and subordinate statutes;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and the defendant has been punished once before the instant case, and the circumstances favorable to the fact that the driving of alcohol was conducted by drinking prior to the instant case: The defendant's mistake reflects his/her mistake while recognizing the crime; and the defendant's age, character and behavior, environment, details of the crime, circumstances after the crime, etc. are determined as ordered by taking into account various sentencing conditions as stated in the instant records and arguments.