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(영문) 수원지방법원 안양지원 2015.08.21 2015고정621

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Article 148-2 (1) 1 of the Road Traffic Act punishs those who violate Article 44 (1) of the same Act not less than twice (persons who drive motor vehicles, etc. not less than twice under the influence of alcohol) and drive motor vehicles, etc. under the influence of alcohol. Thus, it is clear that it is clear that the defendant's recognition of criminal facts by specifying the date and time of driving motor vehicles at least twice in the past while under the influence of alcohol does not pose no substantial disadvantage to the defendant's exercise of his/her right to defense, and therefore, it is recognized as criminal facts by arranging the facts charged

On August 2, 2006 and March 23, 2007, the Defendant driven a motor vehicle while under the influence of alcohol on two occasions, and driven a vehicle BM3 vehicle from March 30, 2015 to the front of Yangyang-dong, Y3 km in front of the Goyang-dong, Seocheon-dong, Seoul, in a state of under the influence of alcohol by 0.052% of blood alcohol level around March 30, 2015. < Amended by Act No. 13348, Mar. 30, 2015>

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (including the fact that eight years have passed since the person was discovered to drive under the influence of alcohol immediately before the head and the fact that the blood alcohol concentration at the time of the instant crime was relatively not high, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;