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(영문) 춘천지방법원 원주지원 2021.03.25 2020고단905
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Records] On November 9, 2015, the Defendant was sentenced to a fine of KRW 4 million for a crime of violating Road Traffic Act (drinking driving) in the original state branch of the Chuncheon District Court.

[2] On August 10, 2020, the Defendant driven a car with C low alcohol level of about 10 meters from the entrance of the parking lot B at Gangwon-si, Gangwon-si, to the underground parking lot, while under the influence of alcohol level of about 0.172%, from around 10 meters to the underground parking lot.

As a result, although the defendant had a record of punishment for drinking driving, he driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous conviction on a decision on the result of regulating driving of drinking alcohol (blood collection result): Application of a reply letter to inquiries, such as criminal history, and a summary order under statutes;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment has the record of being punished for driving under drinking, and the number of alcohol concentration in the blood during the instant crime is high.

However, it is against the defendant, and the distance of operation is short.

In such circumstances, the punishment as ordered shall be determined by taking into consideration the various sentencing conditions shown in the trial process of this case, such as the criminal record, age, sexual conduct, family relationship, environment, and circumstances after the crime.

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