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(영문) 춘천지방법원 강릉지원 2020.06.09 2020고정70
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 9, 2006, the Defendant had a record of being sentenced to a summary order of KRW 500,000,000 as a crime of violation of the Road Traffic Act in the Incheon District Court, but around November 25, 2019, the Defendant driven a sports cargo vehicle Dcodo under the influence of alcohol leveling to approximately 0.094% of blood alcohol level from the front of the Seo-gu Incheon City, Seo-gu, Incheon to the front of Gangnam-si (Seoul), around 230km to the front of Gangnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

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

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of the summary order;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and the defendant has been punished once before the instant case, and the defendant has been under the influence of being punished once again, and the circumstances favorable to the defendant causing a traffic accident at the time of driving alcohol of this case: The defendant recognized the crime and reflects his/her mistake: The defendant's age, character and behavior, environment, circumstances after the crime, circumstances after the crime, etc. are considered, and the punishment is determined as ordered by the order, taking into account various sentencing conditions as shown in the instant records and arguments.

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