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(영문) 수원지방법원 안산지원 2013.04.19 2013고합69

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 11, 2012, around 23:23, the Defendant driven a CRati car with a blood alcohol content of about 0.259% under the influence of alcohol at approximately 300 meters from the street from 1517-4, Yasan-si, Yasan-si to the front of the 1533rd in the same roof.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing reports on the occurrence of traffic accidents, relevant photographs, reports on traffic accidents (1), (2) (2) and requests for appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. At the time of the instant crime, the Defendant, under the influence of alcohol, was in a state of mental disorder or mental disability.

2. According to the Defendant’s legal statement, etc., although it is acknowledged that the Defendant had drinking alcohol at the time of committing the instant crime, the Defendant did not have the ability or decision-making ability to discern things under the influence of alcohol at the time of committing the instant crime, in light of the following: the evidence presented as evidence of guilt and the background of the instant crime, the Defendant’s behavior before and after committing the instant crime, and the Defendant’s driving at the scene where the vehicle was parked while drinking, and the vehicle was opened at the seat and opened at the seat of the following vehicle and driven at a level of about 300 meters.

The above assertion by the defendant and his defense counsel cannot be accepted as it seems to be in a state or weak condition.

The reason for sentencing was that the defendant driven a vehicle in drinking condition, the defendant was in the state of 0.259% alcohol concentration at the time, and the apartment guard room was in the accident with the vehicle, and the degree of damage to the vehicle and guard room is considered.