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(영문) 수원지방법원 2017.07.19 2017고단2611

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal history] On February 17, 2012, the Defendant issued a summary order of KRW 1,50,000 to a fine of KRW 1,50,000 for a violation of road traffic law at the Suwon Flag Flag, and on July 15, 2015, the Defendant issued a summary order of KRW 6 million for a violation of road traffic law at the Suwon Flag Flag, etc.

[2] On April 17, 2017, around 09:17, the Defendant driven B emulter cargo under the influence of alcohol concentration of about 0.054% in 10km from blood alcohol, up to the optoluth in the Eup/Myeon of Gwangju City, Gyeonggi-do, the Defendant driven B emulter cargo at around 09:17.

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 (1) of the Traffic Act concerning facts constituting an offense (the point of drinking alcohol) of the relevant Act;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act - The Defendant has the record of having been punished for the same kind of crime. The favorable circumstances - the Defendant recognized all criminal facts. Taking into account the fact that the blood alcohol concentration was not high at the time of the commission of the crime - The Defendant returned to the Republic of Korea by using an acting driving after drinking, but was made a drinking during the morning time due to the lodging. - The Defendant has no record of being sentenced to a fine until now. The sentence as ordered in consideration of all the sentencing conditions revealed in the trial process in the above circumstances.