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(영문) 춘천지방법원 2021.02.03 2020고단1416
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Power of crime] On February 3, 2017, the Defendant was issued a summary order of KRW 4 million as a crime of violating road traffic law (drinking driving) at the original Chuncheon District Court's original state branch on February 3, 2017.

[2] On November 1, 2020, the Defendant driven CM5 car at the 2km section of the 44km National Highway (SM5 car) located in 175-2, Hancheon-gun, Hancheon-gun, Hancheon-gun, Hancheon-gun, Hancheon-gun, Hanwon-gun, Gocheon-gun, Hanwon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Gocheon-gun, Go

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs of a survey report on actual condition, notification of the results of crackdown on drinking driving, and a statement report on the circumstances of the driver;

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 regard to the order of provisional payment is that the Defendant, even though he had a record of criminal punishment once due to drinking driving, has caused the central separation of drinking and the traffic accident that takes place by himself, and it is not good that the crime is committed.

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

Considering the fact that the defendant's mistake, such as his or her behavior, is unfolded and reflected in depth, that the blood alcohol concentration in the defendant's blood has not been significantly high by 0.083%, that does not cause any traffic accident that causes human damage to others, and that there is no criminal history except for the previous conviction that has been punished by 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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