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(영문) 청주지방법원 2020.10.30 2020고정575
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

The Defendant is a driver of a passenger car in the Stity area B.

On April 26, 2020, at around 09:45, the Defendant driven a distance of about 50 meters from the street in front of the D cafeteria located in the Cheongju-si, Cheongju-si C to the front of the F cafeteria located in the same Gu E, a place where an accident occurred, while under the influence of alcohol by 0.238% (blood collection result) of blood alcohol concentration.

Summary of Evidence

1. The legal statement, report on the occurrence of traffic accidents, on-site photographs and the actual condition survey report by defendants;

1. Report on the statement of the situation of a drinking driver, notification of the results of the drinking driving control, and the application of Acts and subordinate statutes governing the request for appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the 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 the ground of the order of provisional payment under Article 334(1) of the Criminal Procedure Act is to impose a fine (10 million won) which is the lowest statutory penalty by taking into account all the conditions of sentencing as shown in the pleadings, including the Defendant’s blood alcohol concentration at the time of driving under influence of alcohol in the instant case, including the criminal record (original offense), age

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