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(영문) 청주지방법원 충주지원 2020.02.18 2019고단753
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 21, 2012, the Defendant was issued a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the Chungcheong District Court.

On December 10, 2019, at around 10:12, the Defendant driven an ESF La car in the state of alcohol alcohol concentration of about 0.045% in the section of about 6 km from the Haju-si B apartment parking lot to the front of D in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

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

1. Requests for appraisal;

1. Criminal records: Criminal records, inquiry reports (A), verification of criminal records, records of driving under influence of a suspect, and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment shall be determined within the scope of discretionary mitigation and mitigation, by taking into account the background of the crime, blood alcohol concentration, night driving, period of recidivism, criminal records, circumstances after the crime, and other factors and conditions of sentencing.

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