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(영문) 춘천지방법원 강릉지원 2016.01.14 2015고단1329
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal history] On April 17, 2014, the Defendant was sentenced to 8 months of imprisonment or 2 years of suspension of execution due to a violation of road traffic law at the Gangnam Branch of the Chuncheon District Court, and the judgment became final and conclusive on the 25th of the same month, and on April 26, 2013, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of a fine of 4 million won at least twice by the above court due to a violation of road traffic law.

[Criminal facts] On October 25, 2015, the Defendant driven a Dial in the state of alcohol alcohol with approximately 300 meters alcohol concentration at approximately 0.115% from the 300-meter section of blood alcohol level to the southwest-dong, which is located in Gangnam-si, Chungcheongnam-si, Gangnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (verification of suspect's driving record of drinking alcohol);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of a selective fine for punishment ( spite that the defendant committed the crime of this case during the period of suspension of execution of the same crime, he/she does not commit the crime, such as reflecting the crime and disposing of the motor vehicle in possession;

The following points are considered: the defendant's driving without any particular accident is discovered in the vehicle, and the defendant supports his/her family while attending a certain workplace, etc.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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