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(영문) 춘천지방법원 2020.11.27 2020고단981
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Since the defendant is led to confession, it is necessary to make an additional statement on the same part as the relevant supporting evidence in the same way as “(see, e.g., the page of the evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of trial by the court.

On January 16, 2013, the Defendant issued a summary order of KRW 2,00,000 as a crime of violating the Road Traffic Act (driving) at the Chuncheon District Court (see, e.g., Supreme Court No. 61 of the Evidence Record) (No. 61 of the Evidence Record).

Criminal facts

On September 1, 2020, the Defendant driven CM7 vehicles over approximately 100 meters at the front of Chuncheon City while under the influence of alcohol of 0.180% (see, e.g., evidence No. 25, 38 of the record) of blood alcohol level around 21:47.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and the results of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports (report attached to the same type of power), and statutes;

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;

A. The Defendant has a longer term prior to the full amendment of the Road Traffic Act, but there was a history of being punished “two times” by not later than 204 (see, e.g., records of evidence), ② imprisonment with prison labor for occupational embezzlement, fabrication of private documents, and uttering of an investigative document at the Chuncheon District Court on September 25, 2017 (see, e.g., Supreme Court Decision 66 pages). On May 10, 2019, the Defendant was released on September 23, 2019 and was released on September 23, 2019 (see, e.g., evidence record No. 74).

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