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(영문) 수원지방법원 평택지원 2019.10.25 2019고정124

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 12, 2018, at around 22:11, the Defendant driven a B Abdop XD motor vehicle with approximately KRW 500 meters alcohol content 0.056% under the influence of alcohol in the state of under the influence of alcohol, from the adjacent roads of the mutual convenience store located in Pyeongtaek-si, Seo-si to the shooting distance of 40-17 in the same Western-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes notifying the results of drinking driving control;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; and enforced June 25, 2019);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is based on a comprehensive consideration of the following factors: (a) the Defendant’s mistake, including the drinking alcohol level in this case; (b) the primary offender; and (c) the Defendant’s age, character and conduct; and (d) the Defendant’s character and environment; and (b) the motive for the Defendant to drive alcohol, etc.,