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(영문) 춘천지방법원 2017.11.27 2016고정513
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 28, 2016, at around 09:50, the Defendant driven a Bkn-ray car under the influence of alcohol leveling 0.179% (equipment measurement) from around 1km to the front of the pharmacy.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, and the circumstantial statement of a driver under driving;

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. Taking into account the fact that the defendant's reasons for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment recognize and reflects the crime, the statutory fine prescribed in the summary order cannot be deemed to be excessive in consideration of the following: (a) the alcohol level at the time of the instant case is considerably high by 0.179%; (b) 0.1% to 0.2% to 0.2% of the blood alcohol level; (c) the statutory fine for the crime of violation of the Road Traffic Act (driving) is a fine of 3 million to 5 million won; (d) the person who received a fine of 1.5 million won by driving under the influence of alcohol during 2004; and (e) the equity in punishment with other persons who committed the same kind of crime.

Therefore, the punishment is determined as ordered.

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