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(영문) 춘천지방법원 2016.03.17 2016고정39
도로교통법위반(음주운전)
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 December 28, 2007, the Defendant was subject to a disposition of a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving) by the Chuncheon District Court on December 28, 2007, and on November 6, 2008, the Defendant was subject to a disposition of KRW 4 million for the same crime.

On July 11, 2015, the Defendant driven B-wing cargo vehicles with approximately 0.131% of alcohol content during blood in the section of approximately 150 meters from the 150 meters away from the street in front of the Pungcheon-gun, Hongcheon-gun, Hongcheon-gun to the inside of the same Myeonnam-ro of the Myeonnam-gu, Hongcheon-gun. In the same way, the Defendant was under the influence of alcohol at approximately 0.131% (pulmon measurement).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Inquiry about criminal history and application of summary order-related Acts and subordinate statutes;

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

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 of the Criminal Procedure Act is that the defendant has been punished for the same kind of crime including the drinking driving force as stated in the judgment, and the degree of drinking in this case is important. However, the defendant is seriously against the crime of this case. The defendant's "second or more criminal records of drinking" constituting the crime of this case in violation of the Road Traffic Act is less likely to be considered as being committed before the enforcement of the Road Traffic Act of this case. The defendant's like criminal records are more than seven years, the defendant's age, sex, environment, and the motive, means and result of the crime of this case, the circumstances after the crime, the records of this case and changes are considered. The defendant's previous records of this case are more advanced than seven years, the distance of drinking driving is not more than 150 meters, and the defendant's age, sex, and the distance of drinking driving is not more than 150 meters, and the punishment is determined as ordered by the order of this case.

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