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(영문) 춘천지방법원 2015.10.22 2015고단925

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 14, 2009, the Defendant was notified of a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Chuncheon District Court, and on March 5, 2013, the Defendant was notified of a summary order of a fine of three million won for a crime of violating the Road Traffic Act.

On September 17, 2015, at around 02:45, the Defendant driven B cruise car with a blood alcohol content of about 0.061% under the influence of alcohol at approximately 1.5 km from the parking lot of Yancheon-si to the front road of 2748 at the same time, from the parking lot of Yancheon-si, Gancheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 has already been punished for the same kind of crime over several times, and there is room for some consideration of the two or more criminal records of drinking driving, which constitute the crime of violation of the Road Traffic Act (hereinafter referred to as "driving"), among the two or more criminal records constituting the crime of violation of the Road Traffic Act, one time of the 'the previous records of drinking driving' before the enforcement of the Road Traffic Act. The degree of drinking is not significant in the crime of drinking driving of this case. The other defendant's age, character and character, environment, motive, means and consequence of the crime of this case, the records and arguments of this case, and all the circumstances constituting the conditions for sentencing as shown in the records and arguments of this case shall be determined as the order.