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(영문) 춘천지방법원 2020.09.10 2020고단689
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On November 14, 2017, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act at the Chuncheon District Court.

【Criminal Facts】

At around 02:50 on May 27, 2020, the Defendant driven a f Kaman-ri vehicle from the front of the “C convenience store” road located in Gangwon-si, Gangwon-si, Gangwon-do, to the same time D apartment E-dong underground parking lot, with approximately KRW 500 meters of alcohol concentration around 0.212% of alcohol concentration.

Summary of Evidence

1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, report on the actual condition of the traffic accident, photographs at the scene of the accident, notification of the results of crackdown on drinking driving, and expert report

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 based on the following factors: (a) the defendant had a prior conviction of refusing to measure alcohol in 2017; (b) the blood alcohol concentration of the instant case is considerably high; and (c) the contact has occurred due to the drinking driving; (d) the previous offense of the fine is limited to only one time before the fine is imposed; and (e) the physical damage is not caused by the instant case; and (e) the overall sentencing conditions are considered.

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