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(영문) 춘천지방법원 원주지원 2021.01.14 2020고단760
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal history] On November 27, 2015, the Defendant was issued a summary order of KRW 4 million by the Seoul Western District Court as a crime of violating the Road Traffic Act (dacting driving).

[Criminal facts] On July 3, 2020, the Defendant driven a motor vehicle B with approximately 0.129% alcohol level in the 4.7km section while under the influence of alcohol, from around the front of the model down of the bus terminal near the city bus terminal at the time of the Gangwon-si level to the long-term unification distance in the same Si/Gu.

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. Statement of the circumstances of the driver involved in driving;

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

1. Records of ruling: References to inquiries, investigation reports (verification of the same record as the suspect), copies of summary order, and application of Acts and subordinate statutes of one copy of summary order;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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 in the order of provisional payment had a record of being sentenced once a fine due to driving of drinking, and again, driving of drinking in this case. The nature of the crime is not good.

However, considering the favorable circumstances that the defendant reflects the crime of this case, the defendant's age, sexual conduct, family relationship, environment, etc. as well as the circumstances revealed in the trial of this case shall be comprehensively considered, and the punishment as ordered shall be determined.

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