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(영문) 춘천지방법원 2018.05.10 2018고단83

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 29, 2010, the Defendant has a record of driving drinking twice, such as having been sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act (drinking), and on May 24, 2013 by the same court on May 24, 2013.

On December 29, 2017, the Defendant driven C SP car under the influence of alcohol content of about 0.219% in blood, on the front of the road in front of the frequency of “SPP 457” located in Chuncheon-ro 457, Chuncheon-ro, Chuncheon-ro, Gyeongcheon-ro, 48-1, the same Western-ro, west-ro, 26-1.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a response to inquiries, such as a statement on the circumstances of a driver in charge, consent to and confirmation of blood collection, tea inquiry, report on the detection of a driver in charge (the result of blood collection), response to requests for appraisal, alcohol appraisal during blood, criminal history, etc.;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 was punished for driving alcohol in 2010 and 2013. Nevertheless, the Defendant was exposed to the Defendant’s unfavorable circumstances, such as the fact that he was found while driving alcohol while under the influence of alcohol 0.219%.

However, the circumstances favorable to the defendant include the fact that the defendant seems to have committed the crime of this case, the fact that the crime of this case seems to have not caused damage to others, and the fact that there is no record of criminal punishment of imprisonment or more severe punishment.

In addition, the arguments of this case, such as the defendant's age, sex, environment, motive and background of the crime, results of the crime, and circumstances after the crime, are shown in the arguments of this case.