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(영문) 청주지방법원 2020.05.07 2019고정828
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On January 5, 2015, the Defendant issued a summary order of KRW 1.5 million to the Cheongju District Court for the violation of the Road Traffic Act.

At around 02:10 on September 8, 2019, the Defendant driven an E 5-car from around 2 km to D, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Cheongju while under the influence of alcohol by 0.12% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the crackdown on drinking-driving, and report to the head of any drinking-free driver;

1. The actual condition survey report, on-site photographs, and photographs of damaged vehicles;

1. The provisions of Acts and subordinate statutes shall apply to references to criminal records, references to dispositions and reports on the results of confirmation;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was a second drunk driver, and the corresponding punishment is imposed accordingly, but considering the fact that blood alcohol concentration is relatively high as 0.112% and that he caused a minor traffic accident while driving, the court takes into account the unfavorable circumstances. On the other hand, it is against the wrongness, and it seems that the substitute driver was not used on the wind to lose the wall on the day of the instant case. Economic circumstances are difficult, and other crimes are considered to have carried on a relatively faithful life without the power to be punished, the same sentence as the order shall be determined by taking into account the favorable circumstances.

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