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(영문) 수원지방법원 2019.09.05 2019고정971
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a driver of the K5 vehicle B.

On April 9, 2019, the Defendant driven the said car at a section of about 10km from the front side of the ambro-gu in Ansan-si to the front side of the ambro-gu in Ansan-si to the end of the 223-4 km-distance in the number of the enclosed-si in Sungsung-si, the blood alcohol content of which is 0.246%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Application of Acts and subordinate statutes to a written request for appraisal;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is very high in alcohol concentration at the time of committing the Defendant’s blood crime.

When a fine equivalent to the lowest statutory penalty has been issued as a summary order, and when considering the legislative intent of the amended new law whose statutory penalty is raised, there is no reason to reduce the fine.

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