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(영문) 춘천지방법원 2016.04.19 2016고단100
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a car in CCo.

On July 7, 2015, around 23:00, 0.246% of alcohol content (in the indictment, “0.243% and the applied numerical value of the abovedmark,” but according to the investigation report (the last page of the investigation record, 93, 94 pages) on the application of the abovedmark, this seems to be a clerical error (misunderstanding) of “0.246%”) at the time of alcohol, while under the influence of alcohol, the said car was driven at approximately 4 km from the distance of “Tcheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, in the same military document distribution.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a statement on the circumstances of a driver who is placed in driving, investigation report (final result of drinking volume);

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 of the Provisional Payment Order is that the defendant was not aware of the fact that he had been punished several times due to drinking driving in the past, and that he was driving a motor vehicle in a very high state of alcohol concentration of 0.246% during blood transfusion is an unfavorable sentencing factor against the defendant.

On the other hand, the defendant does not repeat the same crime while breaking and opposing his wrongs.

The fact that there are many circumstances that can be considered in light of the circumstances leading to the driving of the drinking of this case, etc. are factors favorable to the defendant.

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.

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