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(영문) 청주지방법원 2020.06.11 2020고단9

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On December 9, 2019, at around 0.045% of blood alcohol concentration, the Defendant driven a Bsch Rexton car at a section of about 3 km from a place where it is impossible to find out the location below Pyeongtaek-si stability 0.045%, and from a place where it is impossible to find out the location below the Pyeongtaek-si stability 0.045% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act requires a strict punishment for the defendant inasmuch as he/she has a criminal record of driving under the same kind of alcohol twice.

However, taking account of the fact that the Defendant’s mistake recognized that it would not repeat again, both of the above drunk driving crimes were punished by a fine, and before 2005, and that the blood alcohol level of the instant case was relatively high by 0.045%, the Defendant’s age, character and conduct, and circumstances before and after the commission of the crime, etc., the sentence as per Disposition shall be determined by comprehensively taking into account all the circumstances that serve as the sentencing conditions specified in the instant records and arguments, including the Defendant’s age, character and conduct