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(영문) 춘천지방법원 2017.12.05 2017고정433
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a Crando TG car.

On September 26, 2017, the Defendant driven the said car from around two kilometers to the front road of a 515-19 tin in the Kancheon-si in which it is impossible to identify the trade name in the Fancheon-si, under the influence of alcohol concentration of 0.220% (the result of blood collection) during blood transfusion at around 00:05 (the result of blood collection).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstances of drivers of drinking alcohol and inquire about the results of crackdown on driving alcohol;

1. Relevant Article 148-2 (2) 1 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, which appears to have been repented while the defendant led to the instant crime, is the sentencing factors favorable to the defendant.

On the other hand, the driving of drinking is a factor for sentencing disadvantageous to the defendant, such as the fact that the driver is highly likely to be criticized for threatening the life of another person as well as the driver himself/herself, and the fact that alcohol concentration in blood is high.

In addition, all other circumstances, including the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, and the maximum amount of the fine among the statutory punishment of the crime of this case, etc., which constitute the conditions for sentencing as shown in the argument of this case, shall be determined as per the text.

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