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(영문) 수원지방법원 2018.09.19 2018고단3379
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. If the defendant does not pay the above fine, 70 days.

Reasons

Punishment of the crime

[criminal history] The defendant has been sentenced to the suspension of the execution of six months for a crime of violation of road traffic law (driving of alcohol) in the credit support of the Sugwon method on December 16, 2008, and four months for a crime of violation of road traffic law at the Gangseo branch of the Chuncheon District Court on September 1, 201, and five times for a drinking driving under the influence of alcohol.

[2] On June 6, 2018, the Defendant: (a) driven an E-high-speed car in the direction of about 5 meters alcohol level from the G Officetel parking lot in Suwon-gu, Suwon-si to the front of the said Officetel; and (b) under the influence of alcohol level of about 0.176% from around 5 meters to around the said Officetel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving a drinking and the result of regulating drinking driving;

1. Application of the Acts and subordinate statutes for reporting traffic accidents;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Reasons for sentencing of Articles 70(1) and 69(2)(1) of the Criminal Act (the scope of statutory penalty) of the Act on the Detention in the Labor Station (the date of 100,000 won per day) [the scope of statutory penalty] shall be sentenced to imprisonment with prison labor for not less than one year but not more than three years, or a fine of not less than 5 million won and not more than 10 million won (the decision of sentence] unfavorable: the Defendant was sentenced to a fine for driving under drinking: three times a fine; one time a suspended sentence of imprisonment with prison labor; one time a suspended sentence of imprisonment with prison labor; and one time a suspended sentence of imprisonment with prison labor; the Defendant caused physical accidents that he/she once drives while drinking, and the higher

The favorable circumstances: the defendant does not engage in such a crime, i.e., drinking again while seriously against the defendant;

It seems that the awareness that the driving distance has been relatively short of 5 meters, and the driving distance has been cut down for a few times, and that he is under the influence of alcohol was weak.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, occupation, and environment, the background and contents of the crime of this case, and the circumstances after the crime, were determined as ordered.

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