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(영문) 춘천지방법원 2017.09.14 2017고단690
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On June 24, 2017, at around 20:20, the Defendant driven C Motor Vehicle while under the influence of alcohol 0.090% of alcohol while under the influence of alcohol 0.090% from around 500 meters from the front road of Chuncheon City, B, the same city 5-17 to the front road of the same city 5-17.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on the circumstances of driving under drinking, a report on the results of crackdown on driving under drinking, an inquiry about the results of crackdown on driving under drinking, a report on the circumstances of a driver under driving under drinking, and an investigation report

1. The prosecutor's office under Article 148-2 (2) 3 of the relevant Act and Article 148-2 of the Road Traffic Act concerning criminal facts and Article 148-2 of the Road Traffic Act, did not prosecute the defendant as a crime of violating the Road Traffic Act under Article 148-2 (1) 1 of the Road Traffic Act;

Article 44(1) and Selection of fines

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

1. In light of the fact that the defendant committed the instant crime even though he/she had been sentenced to a fine of KRW 1.5 million in 2003, a fine of KRW 2 million in 2005, and a fine of KRW 3 million in September 10, 2009, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, it is necessary to punish the defendant strictly in light of the fact that he/she committed the instant crime.

However, there is no record that the defendant has been punished for a fine exceeding the fine for the same kind of crime, and the upper limit of the fine for the crime of violation of the Road Traffic Act of this case is three million won, and other factors of sentencing, such as character, conduct, environment, motive, means and consequence of the crime, etc. of this case, shall be determined as ordered by taking into account all the circumstances after the crime.

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