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(영문) 춘천지방법원 2020.12.09 2020고단1099
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 18 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On August 9, 2019, the Defendant was issued a summary order of KRW 4 million by the Chuncheon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 18:35, 2020, the Defendant driven a FMobage car at the section of approximately 2 km from the Do in front of the “Ccafeteria” located in Kucheon-gun Hongcheon-gun, Gangwon-do, to the “Encheon-gun,” which is under the influence of alcohol by 0.109% of blood alcohol concentration.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Investigation report of the defendant's legal statement (report on the circumstances of the driver);

1. Statement on the circumstances of a drinking driver, and inquiry report on the results of crackdown on drinking driving;

1. On-site photographs;

1. A previous conviction: An inquiry letter and the application of Acts and subordinate statutes governing the confirmation of criminal records of the suspect;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on August 9, 2019, even though the Defendant had been subject to criminal punishment for drunk driving on or around August 9, 2019, the Defendant caused a traffic accident where the Defendant driven a vehicle while driving the vehicle under the influence of alcohol with approximately one year and one month alcohol level of about 0.109% at the same time, and the nature of the crime is not somewhat weak.

However, the defendant's mistake, such as selling his vehicle again while driving under the influence of alcohol, is often divided and reflected in depth, the distance of the defendant's driving is relatively long, the criminal record related to driving under the influence of alcohol has been punished by a fine. On the other hand, the defendant has a criminal record of violating the Road Traffic Act, and the defendant has been punished by a fine for a crime of violating the Road Traffic Act, although he appears to be a criminal record due to driving under the influence of alcohol, he has no criminal record of the defendant except the above criminal record, and the defendant has no criminal record.

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