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(영문) 춘천지방법원 2017.09.04 2017고정256
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 21, 2017, the Defendant driven CTco-car in the section of approximately two kilometers from the two Li-ri fishing places located in the Dong-si in Chuncheon City to the front of the large-scale high-speed tunnel in the same city, while under the influence of alcohol content of 0.103% (equipment measurement) during blood transfusion at around 00:25.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver who is placed in driving, an investigation report (report on the circumstances of the driver who is placed in driving), and inquiry about the results

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. An unfavorable circumstance is that the lower limit of the fine for the instant crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is 3 million won, and that the Defendant received a summary order of KRW 1.5 million for the same type of crime in 2013.

However, considering favorable circumstances, such as the fact that the alcohol concentration among the blood of the defendant is relatively low, the fact that the vehicle is scrapped and the driver does not drive again while against his mistake, the fact that a recipient of basic living benefits suffers from economic difficulties, such as supporting his or her children who are not healthy, etc., and the punishment shall be determined as ordered by taking into account the conditions of sentencing specified in the records.

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