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(영문) 춘천지방법원 영월지원 2020.01.07 2019고단489
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 18 million won.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a fine of KRW 6 million on November 15, 2016 for a violation of the Road Traffic Act (driving) at the Youngcheon District Court’s Young-gu branch on November 15, 2016.

【Criminal Facts】

On October 5, 2019, at around 20:47, the Defendant driven a e-learning car at a section of approximately 1.6 km from the Gangwon-gun B apartment parking lot to the road front of the Drick distance, while under the influence of alcohol content of blood 0.157%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of a traffic accident, reports on each traffic accident, photographs, reports on results of the regulation of drinking driving, reports on the situation of a drinking driver, reports on the handling of 112 reported cases, and investigation reports (verification of the distance of a suspect's drinking driving);

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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. 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 10 million won to 20 million won;

2. Scope of recommending sentences: Non-application of the sentencing criteria.

3. The Defendant, while under the influence of alcohol content 0.157%, driven a car about 1.6 km and caused a contact accident.

In addition, the defendant was punished for a fine of KRW 6 million on November 15, 2016 due to the violation of the Road Traffic Act (fluoral driving) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (fluoral driving).

Considering such blood alcohol concentration, driving distance, contents and distance of previous punishment power, the defendant's responsibility is not less complicated.

Examining the reasons for sentencing of the above judgment in 2016, the purport of the above decision is that, if the defendant, who is an incumbent teacher, is punished by a suspended sentence, the loss of his status would result in harsh consequences, and thus, the fine was selected.

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