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(영문) 춘천지방법원 강릉지원 2016.04.15 2016고정60
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of four 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 December 9, 2015, the Defendant, while under the influence of alcohol content 0.153% in blood around 23:40 on December 9, 2015, operated approximately 1 km from the front side of the Scheon-si, Gangwon-si, Sacheon-si, to the front side of the Jari-si Seaside.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to reports on detection of drivers engaged in the primary business and circumstantial reports;

1. Relevant Article of the Act and Articles 148-2 (2) 2 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. Even if considering the initial crime for sentencing of Article 334(1) of the Criminal Procedure Act, the amount of the fine is excessive in light of the drinking value of the instant case and the driving under the influence of drinking condition and causing traffic accidents, etc.

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