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(영문) 수원지방법원 안산지원 2019.07.19 2019고단1624

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 10, 2018, at around 23:29, the Defendant driven a G K5 car owned by F (F) in the section of about 5 km from the front of the “C” to the E golf driving range located in the same Gu and located in B, under the influence of alcohol concentration of 0.159%. From the front of the “C” to the front of the “C”, the Defendant driven a G K5 car in the section of about 5 km.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of H and I;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, investigation report, notification on the results of the control of driving under the influence of alcohol, and application of Acts and subordinate statutes to the records of measurement of alcohol;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: Although there was a history of punishment twice as a drunk driving (2003 and 2010) but it is also more favorable that the blood alcohol concentration is relatively high: The crime is recognized and reflected; there is no record of crime exceeding the fine; there is no record of criminal punishment after the record of punishment for drunk driving in 2010; and there is no record of criminal punishment after the record of punishment for drunk driving in 2010; the punishment is determined as the order by taking account of various kinds of sentencing conditions shown in the trial process such as the defendant's age, character and behavior, environment, motive and background of the crime, the distance of drunk driving, and circumstances after the crime.