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(영문) 수원지방법원 2017.08.09 2017고단3056

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

【The Defendant was issued a summary order of KRW 1 million on December 26, 2008 due to a violation of Road Traffic Act (drinking driving) in the support of Suwon Friwon, which was issued on December 26, 2008, and on June 16, 201, in the Seosan Branch of the Daejeon District Court, the summary order of KRW 4 million was issued for the same crime.

【Defendant Appellant, as seen above, driven a B car under the influence of alcohol content of about 0.130% from the section of approximately 300 meters to the front side of the Dong-won Tol, which is located in the Dong-gu, Suwon-si, Suwon-si, D. 23:46 on April 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act - the circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant has been already punished for the same crime. - The most favorable circumstances at the time of an accident are high alcohol concentration. - The defendant recognized all criminal facts. - The defendant has no record of being sentenced to a fine beyond the fine so far. - There is a time interval between the crime and the crime in this case, where the punishment history for the same crime was committed in 208 and 2011. The sentence is ordered in consideration of all the sentencing conditions revealed in the trial