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(영문) 춘천지방법원 강릉지원 2019.09.26 2019고단946
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 March 27, 2015, the Defendant issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on March 27, 2015, and on March 11, 2009, the above court issued a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

On August 1, 2019, the Defendant, who had the power of violating the prohibition of driving under the influence of alcohol, driven a car under the influence of alcohol with 0.122% of alcohol level 0.12% from the 13km section from the front of the B apartment to the front of the D Elementary School located in the same city C, at C at the time of March 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect's records of drinking driving), and application of Acts and subordinate statutes of a 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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The driving of alcohol is highly likely to cause harm to the life and body of others as well as himself/herself, and the defendant has been punished twice prior to the instant case, but the circumstances favorable to the driving of alcohol twice prior to the instant case are favorable: The defendant's recognition of and reflects on the crime, and other factors of sentencing specified in the instant records and arguments, such as the defendant's age, character and behavior, environment, background of the crime, circumstances after the crime, etc., are determined as ordered.

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