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(영문) 수원지방법원 2019.05.02 2019고정307
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 17, 2018, at around 22:00, the Defendant driven a F low-speed car at approximately 80 meters 0.068% alcohol concentration at the section of approximately 80 meters, from the front of a restaurant in the Dansung City B to the front of a police box in D.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes after making a report on the results of regulating drinking driving;

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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. Although the circumstances favorable to the Defendant exist, the driving of the Defendant was inevitable at the time of driving under the influence of alcohol in the instant case, such as the confession of the Defendant and the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the number of self-denunciation, the primary offender who has no criminal power, and the distance of driving under the influence of alcohol is relatively short.

Considering the risk of drunk driving and the necessity of strong punishment to prevent it, equity in sentencing with other drunk driving cases, etc., the punishment prescribed in the summary order does not seem to be more important.

Therefore, the punishment is determined as ordered.

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