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(영문) 춘천지방법원 2017.08.09 2017고단373
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

On March 18, 2017, at around 02:14, the Defendant driven B car volume in the state of alcohol of about 20 km from the old in front of the funeral hall to the front of about 103.6 km in Yong-dong Highway (YY).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the situation of the driving of the owner, a arrest report on the occurrence of a case and a statement on the circumstances of the driver

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, even though the Defendant had a history of criminal punishment of a fine for high-amount due to driving of alcohol in the previous case, again, committed the instant crime; the Defendant’s blood alcohol concentration at the time of driving of the previous alcohol; and 0.253% at the time of the instant crime; the instant crime was committed in a state of driving on an expressway to the extent that it is difficult for the Defendant to act normally, and thus, the risk is significant.

However, the fact that the defendant seems to have recognized the crime of this case and against himself, the defendant has no record of criminal punishment other than the two times of fine, and the crime of this case does not have any more severe result due to a simple drinking driving, etc., shall be considered as an element of sentencing favorable to the defendant. In addition, considering all other circumstances, including the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment as shown in the argument of this case shall be determined as per the order.

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