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(영문) 청주지방법원 충주지원 2016.07.20 2016고정15

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, who is engaged in C-learning car driving, driven a section of approximately 200 meters from the 24th day to the front day of the 24th day of the same string, in the state of alcohol leveling 0.0846% during blood, around November 6, 2015, while under the influence of alcohol leveling 0.0846% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol and the statement in the circumstances of the driver in charge;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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 is that the defendant, for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, has done an act, such as drinking alcohol, to escape from punishment after being discovered as a drinking driver, etc., who is disadvantageous to the defendant.

However, since there is no criminal history of the defendant, the prosecutor applied for amendments to the indictment to the effect that the defendant changes the alcohol concentration in the blood of the defendant after the indictment of this case. Accordingly, it seems unfair to maintain the sentence in the initial summary order as it is due to the changes in the applicable legal provisions, and the defendant repents his mistake in depth. The above sentencing factors are the sentencing factors favorable to the defendant, and the sentence against the defendant shall be determined as the sentence of the defendant, considering all the above other factors, including the defendant's age, sex behavior, environment, etc.

It is so decided as per Disposition for the above reasons.