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(영문) 춘천지방법원 2020.12.17 2020고단1082
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

[Criminal Power] On October 24, 2014, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong Housing Site.

【Criminal Facts】

On October 4, 2020, the Defendant driven CK7 car under the influence of alcohol with approximately 00 meters alcohol concentration of about 0.190% from the 200m section from the latter apartment in Chuncheon-si to the due diligence.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. The defendant's legal statement, the circumstantial statement, the photographs related to notification of the result of the crackdown on drinking driving, and the report processing table of 112 reported cases;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is determined as ordered in consideration of all the following factors: (a) the Defendant, having a criminal record of drunk driving, committed a second offense; (b) the blood alcohol concentration of the instant case is considerably high; (c) the previous case includes only one time before a fine is imposed in 2014; and (d) the instant case does not cause human physical damage.

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