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(영문) 춘천지방법원강릉지원 2020.12.17 2020고정223
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 28, 2008, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 20, 2020, at around 22:20, the Defendant driven E Coin truck with approximately 16 km alcohol concentration of about 0.136% in the section of about 16 km from the street in front of the Gangnam-si Bpanionion to the front road of the Gangseo-si Gyeong Factri, Gangnam-si.

Summary of Evidence

1. The defendant's legal statement, the actual condition survey report and photograph;

1. Statement on the circumstantial statement of the employee;

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

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report attached to a summary order of the same kind of power of a suspect), and application of Acts and subordinate statutes of the summary order;

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 fact that a drunk driving is highly likely to cause harm to the life and body of others as well as himself/herself, and the defendant has the history of being sentenced to a fine once a drunk driving, even though he/she has been sentenced to a fine, the circumstances favorable to the fact that a drunk driving is more favorable: The defendant is willing not to drive a drunk driving again when he/she reflects the defendant, and the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc. are determined as ordered by the order, taking into account various sentencing conditions specified in the records

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