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(영문) 춘천지방법원 원주지원 2017.03.16 2016고단791
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 3, 2007, the Defendant was issued a summary order of a fine of KRW 2 million for a violation of road traffic law (drinking driving) in the support for the safe flow of water sources on December 3, 2007. On January 4, 2012, the Defendant was issued a summary order of KRW 4 million for the same crime.

On July 16, 2016, the Defendant: (a) driven a Category C motor vehicle while under the influence of alcohol content of about 0.062% in the blood alcohol level at the distance of about 3km in front of the convenience store located in 163 from the head of Hoju-si, from the head of Hoju-si, in which it is impossible to identify the trade name located in Mansan-dong at KRW 04:10 on July 16, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The application of a reply to inquiries, such as criminal history, and each investigation report (for a time, 8,10) statute;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the selection of fines (it appears that the Defendant was detained for more than one month due to the instant crime, and that the Defendant would have seriously reflected his mistake; the blood alcohol concentration level is not considerably high; the instant crime was not caused by a traffic accident; the Defendant did not have any history of criminal punishment except four times a fine; the Defendant committed the instant crime more than four years after the date of criminal punishment for the same kind of crime; and the Defendant committed the instant crime after four years from the date of criminal punishment);

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

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