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(영문) 춘천지방법원 2020.01.20 2019고단972
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

On June 30, 2014, the Defendant was sentenced to a fine of 1.5 million won by the Ulsan District Court for a violation of the Road Traffic Act.

around 01:20 on October 3, 2019, the Defendant driven the E-Quotaed Vehicle Quantities from approximately 50 meters from the front side of Hongcheon-gun B to the front side of the oil station located in the same military C, while under the influence of alcohol of 0.16% of blood alcohol level around 01:20.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to the reports on the occurrence of traffic accidents, actual condition investigation records, field photographs, notices of the results of the control of drinking driving, circumstantial statements of drinking drivers, investigation reports, criminal records, and inquiry into criminal records, etc.;

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 was punished once by a fine due to a drunk driving in 2014, and the Defendant was engaged in driving under the influence of alcohol, and the occurrence of a heavy traffic accident is disadvantageous to the Defendant.

However, the fact that the defendant seems to have committed a crime, such as the defendant's perception of his own crime, and the fact that he did not have any other criminal records other than the above drinking record, and that he could have dealt with the accident by the defendant's insurance in relation to the accident of large traffic.

In addition, the defendant's age, character and conduct, environment, blood alcohol density, motive and background of the crime, the result of the crime, and all other circumstances that constitute the conditions for sentencing as shown in the argument of this case, such as the circumstances after the crime, shall be determined as the sentence as ordered.

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