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(영문) 청주지방법원 2020.10.22 2020고정404
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On July 20, 2017, the defendant has been issued a summary order of up to five million won by the Cheongju District Court due to the violation of the Road Traffic Act and the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On March 29, 2020, at around 03:50, the Defendant driven an E 7 vehicle under the influence of alcohol with approximately 900 meters from the front road of Seowon-gu, Seowon-si, Cheongju-si to the Drown-si, 03:59 on the same day, while under the influence of alcohol with about 0.093% of blood alcohol concentration.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol as a person who has violated the prohibition of drunk driving more than once.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The application of Acts and subordinate statutes to the notification of the result of crackdown on drinking driving, and the summary order stating the circumstances of drinking drivers;

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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., the violation of an error in depth, economic circumstances, 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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