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(영문) 청주지방법원 2020.06.10 2020고정263
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On June 28, 2007, the defendant was sentenced to a suspended sentence of two years at the Cheongju District Court for the crime of violation of the Road Traffic Act.

The defendant is a person who drives a two-way passenger car.

At around 04:20 on January 25, 2020, the Defendant driven the above vehicle under the influence of blood alcohol concentration of 0.045% in front of the D community hall located in Cheongju-si, a substantial area of Cheongju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition, report on the control results of drinking driving, and report on the actual state of drinking drivers;

1. Previous records: Application of inquiry reports and investigation reports (verification of the same kind of power) and Acts and subordinate statutes, such as criminal records;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the background of the instant case; (b) blood alcohol density; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) the punishment of a summary order cannot be deemed to be too high if comprehensive consideration of the circumstances before and after the crime is given. Therefore,

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