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(영문) 춘천지방법원 2020.10.14 2020고단823
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On July 1, 2015, the Defendant was sentenced to a fine of KRW 1.5 million by the Chuncheon District Court for a violation of the Road Traffic Act.

On January 21, 2020, at around 13:38, the Defendant driven ENAS cars over about 1km from the front of the Defendant’s residence in Chuncheon-si B to the front of the oil station located in C at the same time, while under the influence of alcohol concentration of 0.030%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, report on the circumstances of drinking drivers, and report on the circumstances of drinking driving;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant, even though he had a record of criminal punishment one time due to drinking driving at around 2015, is not sufficient to commit the crime.

However, considering the fact that the defendant again does not drive under the influence of alcohol, etc., his mistake is pened and reflected in depth, the defendant's blood alcohol concentration is the lowest person who can be punished for drinking under the influence of alcohol, the traffic accident does not occur due to the crime of this case, and the defendant has no criminal record exceeding the fine.

In addition, the punishment as ordered shall be determined in consideration of the various sentencing factors shown in the trial process of this case, such as the age, character and conduct, intelligence and environment, family relationship, and circumstances at the time of crime.

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