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(영문) 춘천지방법원 강릉지원 2016.07.13 2016고정126
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On February 15, 2016, the Defendant, while under the influence of alcohol level 0.098 percent of the blood alcohol level around 13:15, started from a place where it is impossible to identify the name below the Daejeon Metropolitan City, and driven a Cwing-in freight vehicle at a section of about 250 km at around the parking lot for the Young-dong Highway in Pyeongtaek-gun, Gangwon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest reports by the accused on the violation of traffic laws on roads, inquiry into the results of crackdown on drinking driving, circumstantial statements made by the drivers of alcoholic beverages, and making next inquiries;

1. Application of Acts and subordinate statutes to each investigation report (the details of crackdown and collection of blood, examination report related to Defendant's change, and notification of the results of regulating drinking driving);

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) 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. In light of the fact that the Defendant was punished by a fine of 6 times in total due to the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, refusal of measurement of drinking alcohol, driving of drinking, and driving without a license, and the recidivism of the instant case, even if considering all of the reasons for sentencing alleged by the Defendant, such as the circumstance where the Defendant supports the mother and disabled children, economic difficulties as a recipient of basic living living, and the circumstance where the Defendant was driving the instant vehicle in a drinking state to view the mother, it is deemed that the Defendant needs to be subject to a severe punishment heavier than the suspension of the execution of imprisonment.

However, the principle of prohibition of disadvantageous change in the case of formal trial request is applied, so it is inevitable to choose fines and maintain the amount of fines in the summary order.

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