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(영문) 춘천지방법원 2020.11.25 2020고단953
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

[Criminal Power] On October 12, 2018, the Defendant was issued a summary order of KRW 1.5 million by the Chuncheon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 14, 2020, the Defendant driven a DNA sports car in the state of alcohol alcohol concentration of approximately 0.034% in the section of approximately 2.5km from the 15:44 meters to the C neighboring road located in Gyeyang-gu Seoul Metropolitan Government.

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. Statement to E by the police;

1. A report on internal investigation of the F and G statements (the details of CCTV search near the scene of an accident);

1. Traffic accident report, inspection report on the circumstances of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. On-site photographs;

1. Records before judgment: Criminal records, etc. and the application of Acts and subordinate statutes of the Chuncheon District Court 2018 high-level84, which include summary orders;

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 under Article 334(1) of the Criminal Procedure Act, even though the Defendant had been subject to criminal punishment once due to a drunk driving around October 2018, the Defendant became aware of the two years thereafter, causing a traffic accident while driving a drunk driving, and the offense of the crime is not good, and the Defendant has a more traffic-related criminal record than three times in addition to the above criminal record.

However, considering the fact that the defendant again does not drive under the influence of alcohol, the defendant's blood alcohol concentration level was lower than 0.034%, the defendant did not have any criminal records exceeding the fine, and the remaining criminal records related to the traffic other than the above influence of alcohol was punished until 1999.

The age, character and conduct of the accused, and others.

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