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(영문) 수원지방법원 성남지원 2017.11.15 2017고단2765

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

On August 30, 2017, around 22:41, the Defendant driven B, under the influence of alcohol content of 0.194% in blood, at approximately 1.5 km from the department store day to the apartment road in the same water-dong area in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place, and statement of alcohol alcohol during blood;

1. Application of Acts and subordinate statutes, such as a traffic accident inspection report, on-site accident vehicle photograph, etc.;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - The defendant's blood alcohol concentration level of a fine of 5 million won is relatively high, and the defendant has the ability to drive alcohol on several occasions, and the defendant has the ability to drive alcohol on several occasions, and the defendant has led to a fine by taking into consideration the circumstances favorable to the defendant's confession, the defendant's ability to drive alcohol prior to ten years, and the defendant's ability to drive alcohol.

In addition, the punishment shall be determined by comprehensively taking into account the various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the records and arguments.