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(영문) 춘천지방법원강릉지원 2020.12.18 2020고단965

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 10, 2008, the Defendant had been sentenced to a fine of KRW 500,000 for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on July 10, 2008. However, around September 19:15, 2020, the Defendant driven a F Fexton car under the influence of alcohol concentration of KRW 0.037% from before B in the East Sea to E in the East Sea.

Summary of Evidence

1. The defendant's legal statement G written statement, the statement of the situation of the driver, and the notification of the control of drinking driving;

1. Actual condition survey report and on-site photographs of traffic accidents;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting a crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a penalty;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation (the fact that the defendant confessions and reflects the crime, and the extent of the defendant's taking it into consideration is low);

1. Articles 70(1) and 69(2) of the Criminal Act for detention in a workhouse (limited to cases where a suspended sentence is invalidated or revoked);

1. Article 62 (1) of the Criminal Act on Suspension of Execution (Article 62-2 (1) of the Criminal Act on condition that an order to attend a lecture is issued on condition that the order to attend a lecture has no record of performing the same kind of crime, except for punishment of a fine of small amount on