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(영문) 춘천지방법원 2018.12.12 2018고단1025

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 20, 2018, the Defendant driven a B Span-type car under the influence of alcohol concentration of 0.142% at a distance of about 500 meters from the front of the Gangwon National University, Gangwon-si, Seoul Special Metropolitan City, to the front of the Hanwon University, which is located in the same city of Gangwon-si, and the front of the road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing de facto investigation reports, accident vehicles and site photographs, response to requests for appraisal, and video CDs for witnesses' vehicles;

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

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 of the Criminal Procedure Act is that the Defendant once driving alcohol again, despite the fact that the Defendant had been sentenced to a fine due to drinking in 2017 (2016 when committing the instant crime), the Defendant had a high alcohol concentration in blood at the time of committing the instant crime, and the Defendant committed a traffic accident that shocks the pents between the roadway and India, which is disadvantageous to the Defendant.

However, the fact that the defendant shows the appearance of recognizing and opposing the crime of this case, and that there is no record of criminal punishment other than the records of the fine previously imposed on the defendant, and that the defendant should not drive drinking again.

In light of the fact that there was the appearance of sentencing in favor of the defendant, etc., the punishment shall be determined as the sentencing factors in consideration of the defendant's age, sex, environment, motive and circumstance of the crime, and all other circumstances, which are conditions for sentencing as shown in the argument of this case, including the circumstances after the crime, etc.