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(영문) 춘천지방법원 2016.07.20 2016고단564
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant is the driver of the cargo vehicle B.

1. On May 12, 2016, the Defendant was under the influence of alcohol content of 0.269% in blood, around 16:33 on May 12, 2016, the Defendant driving the said cargo lane with approximately 100 meters from the 2nd of the Hancheon-gun Pung-gun Pungpung-ro 35-1, to the front of the luminous iron farm located in the same 50-lane.

2. On May 13, 2016, the Defendant was under the influence of alcohol due to the Defendant’s smelling of alcohol at the Defendant’s entrance in a Hanyang-ro, Hongcheon-gun, Hongcheon-do, Hongcheon-ro, the Hanyang-ro, 2533-5, the Hanyang-do, the Hanyang-ro, the Hanyang-do, the Hancheon-ro, the Hancheon-ro, the Hancheon-do, the Hancheon-ro

Even though the police officer's request for the measurement of drinking for about 30 minutes was made by D inspectors belonging to the Hongcheon Police Station C of the Hongcheon Police Station, the police officer did not comply with the request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant Article 148-2 (2) 1 of the Road Traffic Act and Articles 148-2 (2) 2, 148-2 (1) 2, and 44 (2) of the same Act concerning facts constituting an offense, the choice of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. There is a need for strict punishment for each of the crimes of this case in light of the risk and social harm of driving of alcohol on the ground of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, and there is also a high level of drinking in the crime as stated in paragraph (1) of the crime of this case.

On the other hand, the defendant reflects his wrongness in depth and makes the defendant not to repeat the crime; the defendant has no record of being punished for the same kind of crime; in particular, each of the crimes of this case has been committed over the past and following years, and there is no driving under any influence of alcohol.

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