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(영문) 청주지방법원충주지원 2020.11.25 2020고정211
도로교통법위반(음주운전)
Text

The sentence against the accused shall be set forth as a fine of six million won.

If the defendant does not pay the above fine, 100,000.

Reasons

Criminal facts

On August 11, 2017, the Defendant was sentenced to a fine of two million won for the violation of the Road Traffic Act in the Cheongju District Court's Assistance.

On September 10, 2020, the Defendant driven C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

As a result, the defendant violated the Road Traffic Act more than twice.

Summary of Evidence

1. Report on the investigation of the defendant's partial statement in court, the driver, the state of his/her driver, the report on his/her status, and notification of his/her results of driving under influence of alcohol;

1. Previous convictions in the judgment: Criminal history records (A) (the defendant asserts that even if driving in a state with a blood alcohol level of not less than 0.03% and less than 0.05%, he was subject to criminal punishment. Generally, the legal site does not interfere with the establishment of a crime, and thus, the defendant's assertion is not accepted).

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the reasons for sentencing below);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence of the provisional payment order under Article 334(1) of the Criminal Procedure Act shall be determined by taking into account the following factors: (a) the reason behind the crime of sentencing; (b) the degree of drinking at the time; (c) the time interval between the crime of drinking alcohol and the crime of drinking alcohol in this case; and (d) the attitude after the crime;

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