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(영문) 춘천지방법원 2018.01.31 2017고단1233
도로교통법위반(음주운전)
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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 November 14, 2017, the Defendant driven B Poter truck with alcohol content of 0.231% while under the influence of alcohol level of 0.231% from the 9.8km-gun of Gangwon National Agricultural Technology Center to the Myeonncheon-gun of Gangwon-do. The Defendant driven B Poter truck with alcohol level of around 16:30 on November 14, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a traffic accident report, field map, field photograph, notification on the results of regulating the driving of drinking, and a statement report on the circumstances of a driver taking driving;

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 is that the Defendant was subject to criminal punishment for the same type of crime in 2001, the Defendant shocked the network of the abortion and carried out a traffic accident that is recovered, and the Defendant’s blood alcohol content is very high to 0.231%, etc. that are disadvantageous to the Defendant.

However, it appears that the defendant seems that he would not drink and drive again the alcohol that he would recognize the crime of this case, and the defendant has no record of long-term criminal punishment before and after the previous conviction, etc., shall be considered as factors for sentencing favorable to the defendant. In addition, considering all other circumstances, including the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as set forth in the arguments of this case shall be determined as ordered.

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