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(영문) 수원지방법원 안산지원 2017.02.02 2016고단4406
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Power of crime] The defendant was issued a summary order of KRW 1 million by the Seoul Northern District Court on August 30, 2006 as a crime of violating road traffic laws (drinking driving), and a fine of KRW 1.5 million by the Seoul Central District Court on August 12, 2009 as a crime of violating road traffic laws (drinking driving), respectively.

[Criminal facts] On September 23, 2016, the Defendant driven B car with alcohol content of about 0.078% at a section of approximately 27 km from the 09:07, Ansan-si, Annsan-si, Annsan-si (hereinafter referred to as the “Sasan-dong”) to the front road of the Hannam-dong, Annuri-si, Annuri-si, Annuri-si, the Defendant driven B car with alcohol level of about 0.078%.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of the brewing and harmful driving, inquiry into the results of crackdown on drinking driving, and a statement of alcohol appraisal during blood;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the selection of a fine (in the case of a defendant who has been punished three times due to a crime of violating Road Traffic Act, unfavorable circumstances; however, the defendant's mistake is recognized and against himself; the degree of alcohol level does not exceed 0.1% at the time of the crime of this case; the crime of this case is deemed to have been committed due to Ethicalism before the preceding day; and other favorable circumstances such as the fact that the crime of this case appears to have been committed due to Ethicalism)

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

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

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