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(영문) 춘천지방법원 2020.12.24 2020고단1090
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

[criminal power] On July 26, 2007, the defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the credit branch of Suwon District Court on July 26, 2007.

【Criminal Facts】

On June 28, 2020, at around 17:43, the Defendant driven Di30 automobiles from about 1 km to the front road of Gangwon-si, Gangwon-si, Gangwon-si, through the same city C, while under the influence of alcohol content of 0.089% of blood alcohol content.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, investigation report on actual condition, on-site photographs driver’s circumstantial statement, and on the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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. It is so decided as per Disposition in light of all the elements of sentencing, including the following: (a) the defendant had a previous conviction before drinking alcohol; (b) the degree of alcohol concentration in the blood transfusion of this case; (c) physical damage has been paid; (d) the physical damage has been insignificant and compensated; and (e) the fact that there is no previous conviction, other than once before and after the fine has been imposed.

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