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(영문) 수원지방법원 안산지원 2019.09.19 2019고단2327

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 23, 2019, at around 03:48, the Defendant driven a F Lastto vehicle under the influence of alcohol with approximately 0.122% of blood alcohol concentration at the section of approximately 4.4km in the front distance of E High School located in D in the same city at the vicinity of the restaurant C located in Singu-si, Singu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, investigation report (report on the status of a drinking driver), notification of the results of the control of drinking driving, and application of Acts and subordinate statutes to records of drinking alcohol measurements;

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive and background of the crime, blood alcohol level, blood alcohol level, drinking driving distance, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments of this case.

The circumstances that are disadvantageous to the driving under the influence of alcohol need to be punished for a crime that may cause serious damage to the life, body and property of others, and that the defendant has been punished for the driving under the influence of alcohol in around 2003 and around 2009, while there was a record of punishment for the driving under the influence of alcohol, the circumstances that the defendant recognized the crime and made the driving under the influence of alcohol: there is no other criminal history except the above records of driving under the influence of alcohol, and there was no accident due to the driving under the influence of alcohol.