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(영문) 수원지방법원 2017.07.05 2017고단2078
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[criminal history] On May 27, 2010, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (dacting driving) in the support of Suwon Frigwon, and on June 24, 2016, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 2 million for the same crime from the same court.

[2] On March 31, 2017, the Defendant was under the influence of alcohol content of 0.065% in blood around 00:15, the Defendant driving a Bcoon car at a section of approximately 500 meters from the street in front of the South-Namyang Enterprise Bank of Nanyang, Namyang-si to the street in front of the same Eup lease officetel.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver's statement;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and the conditions favorable to the reasons for sentencing;

1. The circumstances unfavorable to the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, and Article 69(2) of the same Act, - Defendant has been subject to punishment several times for the same crime. The Defendant committed a second offense without being informed of any reflectivity even when he/she was sentenced to a fine by driving under influence on June 2016. The favorable circumstances - the Defendant recognized all criminal facts. - The Defendant has the record of punishment by driving under influence on one occasion in 2010 and 2016 at intervals of time. - The Defendant’s blood alcohol concentration is adjacent to the lower limit of the punishment standards. The sentence is ordered in consideration of all the sentencing conditions revealed during the trial process in the above circumstances.

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