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(영문) 수원지방법원 안산지원 2019.09.26 2019고단2574
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On June 15, 2019, at around 19:15, the Defendant driven a DNA rocketing car on the front of the gas station located in the Ansan-si Party C in the Gu of Ansan-si, Annsan-si, under the influence of alcohol content of 0.162%.

Summary of Evidence

1. Defendant's legal statement;

1. A written appraisal of blood alcohol;

1. Application of Acts and subordinate statutes to any inquiry into the results of the control of drinking driving (blood collection) and any report on detection of drinking drivers;

1. Article 148-2(2)2 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive and background of the crime, blood alcohol level, blood alcohol level, drinking driving distance, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments of this case.

D. Unfavorable circumstances: A crime that may cause serious damage to another person's life, body, or property needs to be punished corresponding to the criminal liability; the defendant, even though he had the record of punishment for drunk driving in 2004, is also running under the influence of drinking at the same time: The defendant's mistake is recognized and reflected, and there is no criminal record exceeding the fine.

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