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(영문) 춘천지방법원 속초지원 2020.07.22 2019고단399
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On July 14, 2019, around 23:50, the Defendant driven CM5 car with a blood alcohol concentration of about 0.213% in the section of about 1km from the front of the Sinsi-si B to the Sucheon-si Mann-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to inform the occurrence of traffic accidents, report on the actual condition of traffic accidents, report on the actual state of a drinking driver, and report on the results of drinking control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, including the circumstances following the reason for sentencing, and the circumstances leading to the instant crime, shall be determined as ordered in consideration of the overall sentencing conditions.

The favorable circumstances: The defendant admits his mistake and the defendant does not have the same criminal records.

Unfavorable circumstances: a crime of drunk driving is highly likely to cause danger to life, body, and property of a third party, and there is a need for strict punishment.

At the time of the instant case, the blood alcohol concentration of the Defendant is considerably high.

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