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(영문) 청주지방법원 충주지원 2020.02.18 2019고단725
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 June 11, 2012, the Defendant was issued a summary order of KRW 8 million as a crime of violating the Road Traffic Act (driving) in the Chungcheong District Court.

【Criminal Facts】

On November 29, 2019, the Defendant, while under the influence of alcohol around 09:46% of blood alcohol concentration, driven DNA freight at approximately 1 km section from the Chungcheongnam-si through the Chungcheong City from the Chungcheong City to the Cactend road in the Cactend City B.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Criminal records: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, etc.;

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. Determination of a fine and mitigation of volume by taking into account the blood alcohol concentration of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, night driving, and recidivism period, etc. In addition, the amount of fine shall be determined by taking into account such circumstances as the fact that there are many criminal records of the same kind, criminal records, blood alcohol concentration at the time of driving under the previous influence of alcohol, circumstances after the crime, and other conditions of sentencing.

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