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(영문) 수원지방법원 여주지원 2016.08.30 2016고단532
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 26, 2016, the Defendant driven the above vehicle on May 26, 2016, and driven C New Starter XG car with approximately 0.067% alcohol concentration in approximately 100 meters from the Do in front of the head office in which it is impossible to know the trade name in the two adjacent Ri of the Gyeonggi-gu Yang-gun, Yangyang-gun, Yangyang-gun, Yangyang-gun, to the two preceding roads of the Dong-gu, Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant has been punished several times for the same crime, and that there is no need for a sentence in light of the unfavorable circumstances, such as the Defendant committed the instant crime during the period of probation.

However, considering the favorable circumstances such as the defendant's time to commit a crime, the defendant's blood alcohol concentration is not high, the defendant scrapped the above vehicle to avoid driving in the future, the defendant fulfilled the community service order and the lecture order during the period during which the previous crime was suspended, has been faithfully observed and observed, and some of the circumstances can be considered in the circumstances of the defendant's driving, and other favorable circumstances such as the defendant's age, family environment such as his dependents, etc., motive for committing a crime, circumstances after committing a crime, the spouse's and surrounding persons, and the guidance intent to take measures against the defendant, the decision is made as above.

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