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(영문) 수원지방법원 2012.12.28 2012고합854
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 21, 2012, the Defendant, while under the influence of alcohol at 03:00, driven a c bargaining vehicle in the section of approximately 100 meters from the front of the “influent ceremony” located in the Suwon-si transferdong located in Suwon-si, Suwon-si to the front road located in the Suwon-si transferdong at approximately 107-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes of a traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a report on the circumstantial statement of a drinking driver, a measurement record book, a report on the detection of a drinking driver, an accident-related photograph, a estimate, or a detailed statement of comparison

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have been driven by the Defendant while under the influence of alcohol 0.218%, and the Defendant’s drinking level is not easy, and the crime of this case caused a traffic accident. In full view of the above, it is necessary to severely punish the Defendant.

However, considering all the sentencing conditions in this case, such as the circumstance after the crime of this case, the defendant's age, character and conduct, family environment, etc., the punishment against the defendant shall be determined as ordered by considering the following factors.

It is so decided as per Disposition for the above reasons.

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