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(영문) 춘천지방법원 2016.10.21 2016고단778

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 October 31, 2008, the Defendant issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Incheon District Court, and KRW 700,000 as a fine in the same court on September 7, 2007.

On July 18, 2016, the Defendant, while under the influence of alcohol of 0.138%, driven a B-hand car in the section of about 9km from the 9km to the front day of the race terminal in the same 43-ro of the race-Eup at the parking lot for the “blue apartment in the elbow-ro 211-gil, Gangwon-do, Gangwon-do.”

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving and the situation of driving under the influence of alcohol;

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 of the provisional payment order is that the defendant was driving a motor vehicle in a very high state of drinking alcohol concentration of 0.138%, as shown in the previous conviction in the judgment of the court below.

On the other hand, the fact that the defendant's mistake is divided and reflects that he would not repeat the same crime again, and that the previous criminal record of the defendant's drunk driving is relatively old and has no criminal record exceeding the fine, etc., is an element of sentencing favorable to the defendant.

In addition, the sentencing conditions specified in the pleadings of this case, such as the age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, shall be determined as ordered by considering all the circumstances.