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(영문) 수원지방법원 성남지원 2019.08.07 2019고정390
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

The defendant is a person who drives a car in the horse bill B.

On February 9, 2019, the Defendant driven approximately 1 km from the original mouth of the Seongdong-gu Seoul metropolitan area to the same Gu C in the state of alcohol 0.109% under the influence of alcohol on February 22, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Report on the situation of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, report on the status of a driver under the influence of alcohol, written assessment of alcohol and report on the status of a driver under the influence of alcohol;

1. Application of the Acts and subordinate statutes governing the register of driver's licenses, chassis and mandatory insurance;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order is not only a crime that may pose a danger to traffic order in itself, but also cause serious personal and material damage, such as the occurrence of a traffic accident.

However, in comprehensive consideration of various circumstances, such as the fact that the defendant recognized his criminal responsibility and reflects on the criminal responsibility, the primary offender with no criminal history, and the motive, means and result of the crime, the character and conduct of the defendant, the environment, and the progress of the situation before and after the crime, etc., the punishment as ordered shall be determined by taking into account.

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