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(영문) 춘천지방법원 2020.11.10 2020고단867
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On March 10, 2016, the Defendant was sentenced to a fine of 5,000,000 won for a violation of the Road Traffic Act (remarking to take a noise level) at the Chuncheon District Court on March 10, 2016 (see, e.g., Supreme Court No. 49 of the Evidence Record).

Criminal facts

At around 23:00 on July 16, 2020, the Defendant driven a FK 3 vehicle over the section of about 30 meters from the front of the building “C” located in Hongcheon-gun, Gangwon-do, under the influence of alcohol by 0.112% (see, e.g., evidence record No. 11, 32) of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. On-site control photographs, and reports on the examination of the State and the members;

1. Previous records of judgment: Application of criminal records, inquiry reports (Attachment to previous records and copies of judgment) and statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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 of the provisional payment order is that the defendant committed the crime of this case even though he had a previous record of drunk driving in the judgment, it is difficult to view that the drinking water of this case is low, and the responsibility is heavy in light of the above.

However, the court records held on Sep. 3, 2020 that the defendant was subject to a disposition of suspension from office due to the case of this case, for the following reasons: (a) the defendant recognized the crime of this case and committed a serious reflective act; (b) there was no criminal record other than the previous conviction of a fine in the judgment, and (c) the defendant was subject to suspension from office.

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