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(영문) 춘천지방법원 원주지원 2021.03.25 2020고단935
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

[Power of crime] The Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the original state support of the Chuncheon District Court on June 22, 2016.

[Criminal facts] On September 14, 2020, the Defendant driven D New EM vehicle under the influence of alcohol concentration of about 0.076% at a 1km section in front of the trade convenience store located in Taeju-si, Seoul Special Metropolitan City, in front of the trade name convenience store located in Taeju-si. The Defendant driven D New EM vehicle under the influence of alcohol concentration of about 0.076% in front of C in front of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions in notification of the results of crackdown on driving under drinking: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of previous records) statute;

1. Article 148-2(1) and Article 44-2(1) of the former Road Traffic Act (amended by Act No. 17371, Jun. 9, 2020); the selection of fines for criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the Defendant had been punished for driving under drinking, the Defendant committed the instant crime. However, the Defendant is against the nature of the Defendant, and there was no punishment exceeding the fine, and the blood alcohol concentration at the time of the instant crime was not high.

In such circumstances, the defendant's age, health status, sex behavior, family relationship, environment, and circumstances after the crime are considered and the punishment is determined as ordered in consideration of various sentencing conditions in the trial process of this case.

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