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(영문) 춘천지방법원 2015.05.14 2015고단56
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

On January 17, 2015, at around 05:24, the Defendant driven a motor vehicle from the front side of the Cheongcheon-si Master's Association of Chuncheon to the next road of the said agricultural Chuncheon branch, the blood alcohol concentration of 0.224% from around 1 kilometer to the next road of the said agricultural Chuncheon branch.

As a result, the Defendant driven a motor vehicle with a blood alcohol concentration of at least 0.2%.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Legal statement of witness D;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to photographs of suspect detection sites;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant was subject to a fine of KRW 4 million on January 16, 2013, while the court received a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in addition, it is disadvantageous for the Defendant to drive under the influence of alcohol as stated in its reasoning.

On the other hand, the fact that the defendant's parking of a car and driving of a lock is expected to not much distance, and the fact that the defendant's depth reflects the crime is favorable.

In full view of these, the sentence shall be determined as ordered.

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