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(영문) 수원지방법원 안양지원 2015.09.30 2015고정720
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five 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 January 31, 2008 and December 26, 2010, the Defendant, while under the influence of alcohol, driven a motor vehicle and driven a motor vehicle of Article 44 (1) of the Road Traffic Act twice, and driven a motor vehicle of Article 50 meters in approximately 50 meters in front of the Southern-gu, Incheon, under the influence of alcohol level of 0.138% at around 01:34 on April 19, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal;

1. Previous conviction: Application of a copy of each summary order;

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

1. The fine amount shall be determined in consideration of the fact that a considerable period of time has elapsed from the date of detection of the final drunk driving immediately before the sentencing of Article 334(1) of the Criminal Procedure Act, the distance of operation, the degree of blood alcohol concentration at the time of the respiratory measurement, and

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