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(영문) 춘천지방법원 강릉지원 2020.02.06 2019고정207

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 11, 2019, the Defendant is under the influence of the blood alcohol concentration of 0.170% on the front of the road C, and the Defendant was driving D C C C, which was parked therein, at approximately 50 centimeters in the future.

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. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of Acts and subordinate statutes to report internal accidents (a CCTV verification investigation, etc. for crime prevention);

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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; the Defendant has been punished by a fine on one occasion before the instant case; while the Defendant was under the influence of driving alcohol prior to the instant case, the Defendant’s blood alcohol level was high: The circumstances favorable to the Defendant at the time of the instant case: (a) reflects his/her mistake while recognizing the Defendant’s crime; (b) the driving distance of the Defendant is very short; and (c) the Defendant’s age, character and behavior, environment, circumstances after the instant crime, and other various sentencing conditions specified in the instant records and arguments are considered.