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(영문) 수원지방법원 안산지원 2016.11.17 2016고단2943
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On April 6, 2012, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) at an Ansan Branch of the Suwon District Court on April 6, 2012, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at an Ansan Branch of the Suwon District Court on November 14, 2007.

【Criminal Facts】 On August 2, 2016, at around 08:51, 2016, the Defendant driven CY car with approximately KRW 5km in the state of alcohol 0.096% of alcohol level from the front day of the Hanyang apartment Haak-dong, Ansan-si, Sinsan-si to the front day of the Mansan-dong, Gidong-dong, Gigu, Sinung-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the result of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act of the choice of punishment (with the history of serving three times as a crime of violating the Road Traffic Act, considering favorable circumstances, such as the fact that the defendant has been sentenced to punishment for the crime of violating the Road Traffic Act, but unfavorable circumstances, such as the fact that the defendant recognized his mistake and reflects it, that the blood alcohol concentration does not reach 0.1% at the time of the crime of this case, and that the crime of this case is deemed to have been committed due to math of the preceding day)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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