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(영문) 청주지방법원 2020.12.17 2020고단1642
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

On January 4, 2018, the Defendant violated the provision on prohibition of driving under the influence of alcohol under the Road Traffic Act (0.130% of blood alcohol level) under the Road Traffic Act, and once again, on July 11, 2020, at around 01:12, the Defendant driven DK5 cars while under the influence of alcohol at about 0.194% of alcohol level from the road front of the Chungcheongbuk B to the front of the C regularly.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of criminal records, etc. and investigation reports (verification of criminal records, such as a suspect's drinking driving, etc.)-related statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant commits the instant crime even though he/she had a previous conviction for the same drinking, it is necessary to strictly punish the defendant in that he/she committed the instant crime.

However, it is true that the defendant does not repeat again after recognizing the defendant's mistake, taking into account the fact that the above drunk driver's previous conviction was punished by a fine and that there is no criminal punishment record any other matter, and the defendant's age, character and conduct, circumstances before and after the crime, etc., and all other circumstances constituting the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, and circumstances before

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