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(영문) 수원지방법원 2017.09.13 2017고단3808

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal history] On July 21, 2006, the Defendant received a summary order of fines of three million won or more due to a violation of road traffic law from the Suwon Flag Flag on July 21, 2006, and a fine of two million won or more due to a violation of road traffic law from the Suwon Flag Flag on November 16, 201.

[2] On May 31, 2017, the Defendant driven a motor vehicle owned by the Defendant in the section of approximately 300 meters from the viewing parking lot in Suwon-si, Suwon-si, which is located in Suwon-si, and located in the same Dong with a alcohol content of 0.096% of alcohol during blood transfusion around 00:22.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a copy of the judgment;

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of selective fine for punishment (average circumstances favorable to the grounds for sentencing);

1. The circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, and Article 79(2) of the same Act, - The Defendant has been subject to punishment several times for the same kind of crime. - Consideration of alcohol concentration in the blood of the Defendant is given to the Defendant. The favorable circumstances - the Defendant acknowledges all criminal facts. - The Defendant committed the instant crime after the lapse of six years from the final crime. Taking into account the fact that the record of punishment for the same crime exists for a period of up to five years, and six years from the final crime, taking into account all the sentencing conditions revealed in the trial process