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(영문) 춘천지방법원 2020.05.07 2020고단108
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[criminal power] On October 16, 2013, the Defendant issued a summary order of KRW 2 million from the Chuncheon District Court to a fine of KRW 1 million for the same crime of violation of the Road Traffic Act. On March 3, 2016, the Defendant issued a summary order of KRW 2 million for the same crime.

【Criminal Facts】

On January 17, 2020, the Defendant driven a mati truck from around 1 km section to the “D” road located in the same city as the Defendant was under the influence of alcohol of 0.071% of blood alcohol concentration at around 13:53, the Defendant driven a mati truck from the front of the Defendant’s house in Chuncheon City B to the front of the “D” road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of Article 334(1) of the provisional payment order is based on the following factors: (a) the blood alcohol concentration level in the instant case is not significantly high; (b) the driving of the instant case after a considerable lapse of time after drinking; (c) the driving of the instant case after a considerable period of time after drinking; (d) the driving of the instant case is two times before and after drinking but there is no criminal record exceeding the suspended sentence,

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