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(영문) 춘천지방법원 2016.04.19 2016고단80
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 30, 2016, the Defendant driven a B 31 ton cargo vehicle while under the influence of alcohol level of 0.148%, without a driver’s license, at a section of about 150 meters from the front public parking lot to the front road of the bus terminal in the city bus in Yang-gu, Yang-gu, Yang-gu, Yang-gu, Yang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu, Yangyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 on the ground of sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant’s drinking level is considerably high at 0.148%, and that the Defendant committed the instant crime without being aware of the fact that he committed the instant crime without being aware of the fact that he/she was punished by a fine on November 20, 2015 due to driving of light drinking in 2003, driving of light drinking and driving without a license.

On the other hand, the fact that the defendant's mistake seems to have been divided and reflected, and that the defendant seems to have been in an economic difficult situation while supporting his mother of 75 years of age, and the defendant has been guilty of driving and driving without a license three times in total, but the remaining criminal records except the previous criminal records in 2015 are relatively old before 2006, etc. are factors for sentencing favorable to the defendant.

In addition, all other circumstances, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, etc., are taken into account.

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