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(영문) 춘천지방법원 영월지원 2019.08.27 2019고단251
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

At around 14:40 on May 30, 2019, the Defendant driven a f-hurturged car at approximately 3.1km section from the front of the C Office located in the Gangseo-gun B to the E cafeteria parking lot located in D, with a blood alcohol concentration of about 0.113% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, notification of the results of regulating drinking driving, report on the circumstantial statements of drinking drivers, and report on internal death (victim G telephone statements);

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences: Fines of three million won to five million won;

2. Scope of recommending types: Setting of unspecified sentencing criteria.

3. The Defendant, who was sentenced, driven a car under the influence of alcohol with a blood alcohol content of 0.113%.

The Defendant was sentenced to a suspended sentence of one year and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on November 15, 2018, and was sentenced to a suspended sentence of two years on November 23, 2018, and was under the suspended sentence at the time of the instant crime.

Nevertheless, the defendant committed the crime of this case without being involved.

However, considering the fact that the defendant is recognized as committing a crime and there is no other criminal records other than the previous criminal records prior to the suspended sentence, the sentence is not to be sentenced, and the defendant's age, character and conduct, family relation, motive and means of the crime, circumstances after the crime, etc., the various sentencing conditions specified in the records and arguments of this case shall be determined as ordered.

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