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(영문) 춘천지방법원 2017.09.13 2017고단362
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 26, 2011, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Chuncheon District Court on September 26, 201, and a fine of seven million won for a crime of violating the Road Traffic Act at the Chuncheon District Court on March 16, 2011.

On April 9, 2017, the Defendant driven a D car under the influence of alcohol content of about 0.061% in a section of approximately 600 meters from the blood alcohol level to the road front of the apartment complex, Chuncheon-ro 3296 large-scale Chuncheon-ro Chuncheon-ro 3296 from the front of the apartment complex, and driving a D car under the influence of alcohol content of about 0.061% in the direction of about 600 meters from the front of the apartment.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act on the prohibition of driving under the influence of alcohol not less than twice, but drives a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, inquiry of the results of crackdown on drinking driving, and relevant photographs of the case;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, (A), investigation report (netly 21), and judgment text, 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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the defendant was punished for the same kind of crime more than five times after 2000, the fact that the defendant again committed the instant crime is an element for sentencing unfavorable to the defendant.

However, there are circumstances in which the Defendant appears to recognize and reflect the instant crime; the instant crime was committed due to a simple drinking driving, and there was no more serious result, and the Defendant was able to drive the instant crime on the following day while driving the following day after drinking alcohol, and there are some circumstances in which the circumstances are to be considered in light of the background of the instant crime.

The fact that it appears is favorable to the defendant.

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