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(영문) 춘천지방법원 2016.09.09 2016고단653
도로교통법위반(사고후미조치)등
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, 2016, the Defendant driven a 3km csch Rexroth car from the parking lot of Chuncheon Civil church located in Switzerland-si Master Zone, 0.242% alcohol concentration among the blood transfusion around 01:52, and from the parking lot of Chuncheon Civil church located in Chuncheon-si, Incheon-si, to the front way of the apartment that is in possession of a non-refluence in Chuncheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to inquire into the results of crackdown on driving alcohol and make a statement under the circumstances of drivers;

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 of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant does not repeat the same crime again when he repents and reflects his mistake.

It is recognized that there are circumstances such as the fact that the defendant had no criminal history other than once before and after a fine due to the violation of the Road Traffic Act in 1996, and that the defendant seems to have been in an economic difficult situation while operating the private house at present.

However, on the other hand, in relation to the driving of the instant drinking, the Defendant’s state of driving is highly high at 0.242%, and the lower limit of the statutory penalty for the instant crime is set at 5 million won (the amended Road Traffic Act, Jun. 8, 2011, provides that a strict punishment shall be imposed in cases of driving under the influence of alcohol for the purpose of preventing the driving of drinking that threatens the safety of traffic on the road and ensuring the awareness of such a concern). In full view of the circumstances, such as equity in punishment with other persons who have committed the same kind of crime, and other circumstances constituting the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sexual behavior, environment, motive and background of the crime, and circumstances after the crime, etc., the amount of fine specified in the summary order cannot be deemed to be excessive, and thus, the sentence shall be determined as stated in the Disposition.

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