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(영문) 춘천지방법원강릉지원 2020.12.17 2020고정227
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal power] On December 20, 2006, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act at the Gangseo Branch Branch of the Chuncheon District Court on December 20, 2006, and on January 3, 2007, the same court issued a summary order of KRW 1 million as the same crime.

【Criminal Facts】

On September 2, 2019, the Defendant driven C Mt Motor Vehicle in the state of alcohol alcohol 0.179% in a section of about 5 km from the Defendant’s house located in C in C in C in the state of alcohol with approximately 0.179% in blood alcohol concentration from the direction of the lower parallel of the lower parallel of the lower parallel of the west, which is located in C in C-W, to March 2, 2019.

Summary of Evidence

1. The defendant's legal statement, the actual condition survey report, and the field map;

1. Statement on the circumstantial statement of the employee;

1. Notification and investigation report on the results of the crackdown on drinking driving (report on the circumstance of a drinking driver) internal investigation (with respect to the density of the suspect’s blood alcohol at the time of the accident);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (report attached to a summary order of the same kind of power of a suspect), and application of Acts and subordinate statutes of the summary order;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment as well as the crime that is highly likely to threaten another person's life and body, and the defendant has been subject to fines twice due to drinking driving. The defendant's blood alcohol concentration at the time of the instant case was very high, and the driver's driving caused a traffic accident due to drinking driving, the defendant's age, character and behavior, environment, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments of the instant case, such as the circumstances after the crime, shall be determined as the order.

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