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(영문) 춘천지방법원 2021.01.19 2020고정218
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of 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 the trial by the court.

On June 10, 2020, the Defendant driven a e-mailed vehicle over approximately 100 meters from the mouth to the road in Chuncheon City, following the building in Chuncheon City, while under the influence of alcohol 0.22% (see, e.g., evidence No. 19 of the evidence record) among blood around 22:30 (see, e.g., evidence No. 18).

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of witness of the F;

1. Application of Acts and subordinate statutes to an on-site photograph (six times) and the results of crackdown on drinking driving;

1. Relevant Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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 on the order of provisional payment is high, and considering the fact that the defendant paid the traffic accident causing physical damage while driving the drinking of this case, the responsibility is heavy;

may be filed.

On the other hand, however, the fact that the defendant of the previous crime of this case is recognized by the court below, that the defendant was the first offender who had no previous conviction (see, e.g., evidence record No. 72), that he did not be punished by the defendant (see, e.g., evidence record No. 55) by mutual agreement with the G which suffered physical damage (see, e.g., evidence record). Other factors such as the defendant's age, occupation and health, personality and behavior, environment, family relationship, motive, means, and result of the crime of this case, and all of the sentencing factors specified in records and arguments such as the circumstances after the crime shall be determined as ordered.

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