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(영문) 수원지방법원 안산지원 2013.05.24 2013고정464
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 16, 2012, at around 16:28, the Defendant driven a Crocketing vehicle owned by himself under the influence of alcohol content of about 0.106% at approximately 5km from the 5km section of the 5km road in front of the entry into the Korea National University of Ansan-si, Ansan-si, Annsan-si, Annsan-si, Annsan-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes on investigation reports (not more than 14 pages of records);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's assertion regarding the defendant's claim under Article 334 (1) of the Criminal Procedure Act is asserted to the effect that the mental illness at the time of the crime in this case at the time of the crime in this case. Thus, according to the records, it is acknowledged that the defendant was suffering from disability, etc. at the time of the crime in this case, but in full view of the circumstance and result of this case, the defendant's behavior before and after the crime in this case, and the circumstances after the crime in this case, it cannot be seen that the defendant lacks the ability to discern things or make decisions. Thus, the above argument is rejected.

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