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(영문) 춘천지방법원 2020.11.26 2020고단979
도로교통법위반(음주운전)
Text

Defendant

A shall be punished by a fine of KRW 10 million, and Defendant B shall be punished by a fine of KRW 3 million.

The Defendants respectively constituted the above.

Reasons

Punishment of the crime

[criminal power] Defendant A was issued a summary order of KRW 2 million at the Chuncheon District Court on October 12, 2006 due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

1. Defendant A, while under the influence of alcohol on June 28, 2020, around 00:30% of the blood alcohol content, was driven by the Defendant at approximately KRW 557 meters from the front side of the Dju shop located in Hongcheon-gun of the Gangwonwon to the front road located in the same military E.

2. Defendant B, while drinking alcohol at the D main point in Hongcheon-gun, Hongcheon-gun, as stated in paragraph (1), was aware that he was driving a G rocketing car under the influence of alcohol level of 0.130% by the said A while drinking alcohol level, Defendant B did not met A, but took a key of the car, and took a rocketing car in the said rocketing car.

In this respect, the defendant aided and aided A to drive alcohol.

Summary of Evidence

1. Arrest reports on each legal statement of the Defendants, notification of the results of the control of drinking driving, report on the situation of drinking drivers, and field photographs;

1. Before judgment: Application of criminal records and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, and defendant A who has selected a sentence: Articles 148-2 (1) and 44 (1) of the Road Traffic Act, defendant B who has selected a fine: Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 32 of the Criminal Act, the selection of a fine;

1. Defendant B who aided and mitigated: Articles 32(2) and 55(1)3 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that Defendant A had a previous offense of the same kind in the instant case, while having a high blood alcohol level, considering the fact that the previous offense of drinking alcohol was committed before and after 2006, Defendant B, even though having been aware that Defendant A was trying to drive in the state of drinking, gives his key to his vehicle.

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