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(영문) 춘천지방법원 2020.10.06 2020고단634
도로교통법위반(음주운전)등
Text

Defendant

A shall be punished by a fine of 12,00,000 won and by a fine of 7,00,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Since the Defendants are led to confession, the Defendants are required to make an additional statement on the same part as the relevant reinforced evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor’s facts charged are modified to the extent that it does not adversely affect the defendants’ right of defense and actually affect the contents of the facts charged, thereby bringing about the change of the subject matter of the trial by the court.

1. Defendant A’s sole criminal conduct (driving of a violation of the Road Traffic Act) (refer to the 1,000,000 won of a fine for the violation of the Road Traffic Act) at the Chuncheon District Court on February 25, 2008 (refer to the 164 pages of the evidence record) was issued and confirmed.

Criminal facts

On December 19, 2019, the Defendant driven Gexton Sports Motor Vehicle over the 3km section from the front of the “D” building located in Gangnam-gun Hongcheon-gun, 0.125% of alcohol level (see, e.g., evidence record No. 17) to the road, the five national highways (see, e.g., evidence record No. 12) located at the point where approximately 1 km flows from the “F University” building in Chuncheon-si, Chuncheon-si, to the road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Defendant A is a person who is engaged in driving of the said Gsch Rexton sport vehicle, and Defendant B is a substitute driver.

The Defendants, as described in paragraph (1) in the state of being drunk by Defendant A, caused a traffic accident that shocks the car while driving the said light sport vehicle (see, e.g., evidence No. 135) and damaged the said light sport vehicle (see, e.g., evidence No. 135). However, the Defendants are presumed to have caused the above traffic accident while Defendant B was acting for and driving the said light sport vehicle.

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