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(영문) 춘천지방법원 강릉지원 2019.10.17 2019고단1019
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On December 22, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Gangseo Branch Branch of the Chuncheon District Court on December 22, 2008, and a summary order of KRW 1.5 million as a fine in the same court on September 7, 2009, respectively.

【Criminal Facts】

On August 5, 2019, at around 21:50, the Defendant driven a C-learning passenger vehicle with a blood alcohol concentration of 0.157% from around 2.7 km section from the parking lot in the front of the Gangseo-si B hotel to the road before put to put to order and store, which is located in 85-8 in the same city.

Accordingly, the Defendant driven a motor vehicle, etc. under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

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

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (Attachment to a summary order of the same kind of power), and application of Acts and subordinate statutes of the summary order;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself; the defendant has been punished twice prior to the instant case; the defendant has a history of having been punished twice; the defendant's blood alcohol concentration was high at the time of the instant case: the defendant's perception of the instant crime; he/she seriously reflects his/her mistake; the sale of the retained vehicle; etc. again, he/she would not drive alcohol; the history of punishment for drunk driving is ten years prior to the instant case; and there was no other fact that he/she was punished prior to the instant crime; and thereafter, the records and arguments of the instant case, such as the defendant's age, character and behavior, circumstances of environmental crimes, and circumstances after the crime.

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