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(영문) 춘천지방법원강릉지원 2020.09.09 2020고단85
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 4, 2020, at around 06:54, the Defendant driven, from the road in front of the B Studio in the East Sea to the road in the Jeoncheon-dong, the blood alcohol concentration of 0.201%, while under the influence of alcohol, the Defendant driven approximately 1.5 km of the Ccopic car volume.

Summary of Evidence

1. A written statement of the defendant's legal statement, a written appraisal of blood alcohol and a criminal investigation report (with respect to the blood alcohol concentration of the suspect as at the time of the accident);

1. Application of the Acts and subordinate statutes to a de facto survey report, traffic accident-related photographs, and CCTV images-shield photographs;

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 53 and 55 (1) 6 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. According to Article 334(1) of the Criminal Procedure Act, the statutory penalty shall be determined within the scope of mitigation of the statutory penalty, taking into account the following factors: (a) the defendant was selected by taking into account the fact that the defendant had no record of committing the same kind of crime; (b) the confession of the defendant and reflects his mistake; and (c) the blood alcohol concentration by the first repulmonary measurement was 0.

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