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(영문) 수원지방법원 안양지원 2012.11.09 2012고합285

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 8, 2009, the Defendant was sentenced to a fine of 700,000 won for the crime of violating the Road Traffic Act in the Busan District Court's Busan District Court's Branch on January 8, 2009, and on May 10, 2012, the Defendant was sentenced to a fine of 2 million won for the crime of violating the Road Traffic Act (driving).

On September 5, 2012, at around 23:39, the Defendant driven the CM5 car with a blood alcohol concentration of 0.116% from the king Station in the front of the king-si, Sejong-si, Doang-si, and continued approximately 200 meters to the front side of the same item, while under the influence of alcohol concentration of 0.116%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and investigation report (the circumstantial report on drinking drivers);

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is likely to be criticized in that the Defendant, who had been punished twice due to drunk driving in the past, has reached the drinking of this case.

However, the sentencing conditions shown in the arguments of this case, such as the fact that the defendant has a depth of his mistake, the fact that there is only the past record of being sentenced to a fine, and the age and character of the defendant, the motive of the crime, the circumstances after the crime, etc., shall be taken into consideration.