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(영문) 수원지방법원 2015.03.26 2015고단145

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The Defendant, at the Suwon District Court on March 30, 201, received a summary order of a fine of three million won due to a violation of the Road Traffic Act, etc., and on February 24, 2012, at the above court on February 24, 2012, was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act, etc., and had the records of violating Article 44(1) of the Road Traffic Act two times or more.

On December 29, 2014, at around 01:20, the Defendant driven a Csch Rexton car with approximately KRW 300 meters alcohol concentration of 0.092% from the front of the mutual infinite house located in the summer-dong in the summer-si, to the front road of the 2nd apartment house located in the same literature and river in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, circumstantial report on drivers, and the register of drivers' licenses;

1. Previouss before judgment: Application of a reply to criminal records, replys to investigation, and Acts and subordinate statutes (reports on the same type of criminal records);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The punishment of a fine under Article 334(1) of the Criminal Procedure Act shall be imposed by taking into consideration the following: (a) the reason for sentencing of Article 334(1) of the provisional payment order is seriously against the defendant such as selling a passenger car; (b) the blood alcohol content is not significantly high; (c) the possibility of dismissal from a workplace if a person is sentenced to a suspended sentence of imprisonment or more; and (d) the spouse and the workplace have applied for the prevention of the defendant from driving under the influence of alcohol in the future; and (e) the amount shall be KRW 8,00,000 in consideration of the fact that the defendant has already been punished four times for the same kind of crime.