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(영문) 춘천지방법원 2021.03.24 2020고단1450
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Power of crime] The Defendant was issued a summary order of KRW 2 million at the Chuncheon District Court on November 14, 2017 due to a violation of road traffic law (driving).

[2] On December 10, 2020, the Defendant driven a FSpo-type car at approximately 200 meters away from the Do in front of the “C” located in Chuncheon City B while under the influence of alcohol leveling to 0.047% among blood transfusion around 21:00 to the front of the “E cafeteria” located in Chuncheon City D.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes confirming the same criminal history of the suspect;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is that the defendant is driving under drinking, even though he had a record of criminal punishment once due to drinking, and the nature of the crime is not good.

However, the defendant does not drive drinking again; however, the defendant does not drive drinking again.

The following are considered: (a) the Defendant’s blood alcohol concentration level is relatively lower than 0.047%; (b) the distance of the Defendant’s driving is relatively short; (c) the occurrence of a traffic accident is not occurred due to the instant crime; and (d) the Defendant has no criminal history except for the previous conviction sentenced to a fine by the Defendant.

In addition, the punishment as ordered shall be determined in consideration of various sentencing factors in the trial process of this case, such as the age, sex, intelligence and environment, family relationship, circumstances at the time of crime, etc.

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