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(영문) 춘천지방법원 2015.10.15 2015고단860
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

On June 15, 2007, the Defendant was notified of a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Jung-gu District Court, and on March 23, 201, the Defendant was notified of a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Gangseo-gu Branch Court of Chuncheon District on March 23, 201.

On August 28, 2015, at around 23:10, the Defendant driven a car B with blood alcohol content of about 0.096% while under the influence of alcohol at a section of about 2km from the front road of the Gangwon Construction Center, which is located in the Gancheon-si, Chuncheon-si, to the front road of the 1st apartment complex located in the same master’s zone.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of a fine for the crime, and the selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has already been punished several times for the crime of violation of the Road Traffic Act. However, the defendant is currently committing a violation of his/her own mistake and does not repeat the crime. The defendant has no record of criminal punishment heavier than suspension of qualification, and the defendant has no record of criminal punishment more than twice the crime of violation of the Road Traffic Act. The defendant's previous convictions of drinking driving, which constitutes the crime of violation of the Road Traffic Act of this case, are considered only before the enforcement of the Road Traffic Act, and there are some extenuating circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all of the circumstances constituting the condition for sentencing specified in the records and arguments of this case.

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