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(영문) 춘천지방법원 2018.10.31 2018고정235

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On July 6, 2018, the Defendant driven B Oralba while under the influence of alcohol with approximately 0.155% of alcohol level in the 1km of approximately 1km from the Do in front of the Egalter of Egalter in Chuncheon, 36-1, the Do in front of the Egalter of Egalter, Chuncheon, to the intersection in front of the Chuncheon, the Defendant driven B Oralba in the influence of alcohol leveling from approximately 1km to the intersection.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to traffic accident-related photographs, survey reports on actual condition, response to requests for appraisal, and inquiries about the results of crackdown on drinking driving (blood collection results);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the Defendant appears to have recognized and reflected the instant crime, and that the Defendant is the primary offender, such as the primary offender.

However, there are many elements for sentencing unfavorable to the Defendant, such as the following: (a) the Defendant driven while drunkly in a buck area; (b) the Defendant’s blood alcohol concentration is 0.15% to 0.2%; and (c) the statutory penalty is high within the relevant constituent requirements (i.e., imprisonment with prison labor for not less than six months but not more than one year and not more than five million won): and (b) the Defendant’s blood content is 0.15% to 0.15%.

In addition, all other circumstances, such as the age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., which are conditions for sentencing as shown in the pleadings of this case, shall be determined as per the order.