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(영문) 청주지방법원 충주지원 2020.04.01 2020고단6
도로교통법위반(음주운전)
Text

The sentence against the accused shall be five million won or more.

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

Reasons

Criminal facts

On March 27, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in the Cheongju District Court's Assistance.

On December 12, 2019, at around 10:02, the Defendant driven a D body car with approximately 50km from the front of the unmanned telecom in the Sincheon-si, Chungcheongnam-si, Chungcheongnam-si to the road near the Chang-dong intersection in front of the Chang-dong in Chungcheongnam-si, Chungcheongnam-si, the Defendant driven a D body car with a blood alcohol concentration of about 0.043% under the influence of alcohol level.

Accordingly, the defendant was driving a drinking motor vehicle in violation of the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control (A);

1. The circumstantial statement of the employer-employed driver (A);

1. Investigation Report (Report on the circumstances of an employee) - A;

1. Previous convictions indicated in the judgment: Criminal history records, reply reports, and the application of Acts and subordinate statutes verifying the records of driving a suspect;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Considering the degree of discretionary mitigation at the time of committing a crime, time of drunk driving, period and circumstances leading to a crime, method of committing a crime, the fact that there is no particular criminal record other than once a crime, attitude after committing a crime, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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