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(영문) 수원지방법원 안산지원 2019.10.23 2019고단2704

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On June 7, 2019, around 23:18, the Defendant driven the car under the influence of alcohol level of 0.076% without a driver’s license, with a section of about 2 km from the street in front of the C commercial building to the street in front of the E elementary school located in the Silung-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial statement statement report and the laws and subordinate statutes on the register of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The fact that there are two criminal records of the same kind of reason for sentencing under Article 334(1) of the Criminal Procedure Act that the provisional payment order is disadvantageous.

However, considering the fact that blood alcohol concentration is not very high, the reflective fact, the fact that there is no punishment exceeding a fine due to the same kind of crime, and the defendant's age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, all of the sentencing factors specified in the arguments of this case shall be determined as ordered.