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(영문) 춘천지방법원 2020.02.17 2019고단1124
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 11 million.

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

Reasons

Punishment of the crime

On May 17, 2019, the Defendant issued a summary order of KRW 1,50,00 to a fine for the violation of the Road Traffic Act at the District Court of Jung-gu, 2019.

On October 30, 2019, at around 02:10, the Defendant driven a motor vehicle with D highest speed from approximately 10km to the road in front of the “Criju station” located in the same city from the main street with a master’s degree below 0.089% of blood alcohol level to 0.089% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. Report on the occurrence of a traffic accident, each actual condition survey report, field photograph, report on the circumstances of a drinking driver, investigation report, report on the results of crackdown on drinking driving, notification on the results of crackdown on drinking driving, investigation report (report on the time for measuring the breath of a drinking driver), investigation report (report on the hours for measuring the breath of a drinking driver), 112 report handling records, criminal history record inquiry report, previous records and confirmation report, and application of Acts and subordinate statutes attached to a summary order;

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

1. Selection of an alternative fine for punishment;

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 is that the Defendant is disadvantageous to the Defendant, even though he/she had a criminal record of being punished once as a fine due to drinking alcohol driving, and causes a heavy traffic accident.

However, the fact that the defendant seems to have been aware of his criminal act and against himself, the fact that he seems to have dealt with the damage by the insurance of the defendant, and that he has no other criminal records except the punishment by a fine once due to drinking driving, is favorable to the defendant.

In addition, the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc. of the defendant are all the conditions of the punishment shown in the argument in this case.

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