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(영문) 청주지방법원 충주지원 2020.02.18 2020고단2
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On March 4, 2009, the Defendant was issued a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Chungcheong District Court's Assistance.

Nevertheless, on December 22, 2019, around 09:44, the Defendant driven a DNA car in the state of drunk alcohol concentration of approximately 0.035% from a section of about 3 km to a nearby road in the same city as “Criju station located in the same city” to a neighboring road in the same city.

Accordingly, the defendant was driving a drinking motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Criminal records, inquiry reports (A), verification of criminal records, records of driving under influence of a suspect, and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation [the concentration of blood alcohol, night-take operation, period of recidivism, consideration of criminal records];

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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