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(영문) 춘천지방법원 강릉지원 2020.06.12 2020고단166

Defendant shall be punished by a fine of 12,000,000 won.

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


Punishment of the crime

On February 1, 2016, the Defendant issued a summary order of KRW 4 million for the violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on February 1, 2016.

On February 17, 2020, from around 15:10 to 16:12 on the same day, the Defendant driven a DSS5 car at approximately 23.6 km while under the influence of alcohol with a blood alcohol concentration of at least 0.086% during the period from around Gangnam-si Community Center B to Gangnam-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. 112 Reporting case management table;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of summary order-related Acts and subordinate statutes;

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 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 of the provisional payment order is that the defendant confessions the crime and repents the mistake, that the blood alcohol concentration of the defendant is not very high, that the family members of the defendant and the majority of the workplace want to find the defendant's wife against the defendant, which is obvious in social ties, and that when the defendant is punished by imprisonment without prison labor or heavier punishment, his/her dismissal from his/her workplace for a long time would result in an excessive disadvantage to the defendant and his/her family members, the amount of the fine determined within the scope of the statutory punishment shall be sentenced to a fine as stated in the Disposition, taking into account the following: