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(영문) 춘천지방법원 2016.06.29 2016고정227

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver with B wheels.

1. On April 5, 2016, the Defendant driven a 0.185% alcohol concentration in blood, around 00:50, and driven a approximately one kilometer from D’s house near Switzerland located in Chuncheon City C to the front of a growing theater located in the same city town.

2. The Defendant driven without a license, as described in the foregoing 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on drinking driving, and the application of Acts and subordinate statutes to the licensing ledger;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 (the point of driving without Driver's License) of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act reflects the Defendant’s mistake in depth. However, in light of the risk and social harm of drinking driving, there is a need for strict punishment for the crime of drinking alcohol driving in this case. The maximum statutory penalty for drinking in this case reaches 0.185% higher than a fine of 5 million won and higher than 0.2% higher than a fine of 0.2%. The minimum statutory penalty in the above drinking figures amount to a fine of 3 million won. The Defendant has already been punished for the same kind of crime; the Defendant has the history of being punished for the same kind of crime; the Defendant’s age, sex, environment, the means and consequence of each of the crimes in this case; the circumstances after the crime; and the attitude in this court, etc. shall be determined as per Disposition by taking into account all such factors as the sentencing conditions.