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(영문) 수원지방법원 안양지원 2015.11.27 2015고정971
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 18, 2015, at around 02:50, the Defendant driven a B cruise car 10km from the water village of the Gu to the private distance from the Gunpo-si post office of the Sipo-si, Gunpo-si, in a drunken state with the blood alcohol level of 0.158%.

Summary of Evidence

1. Defendant's legal statement;

1. A host driver's report (21 pages of investigation records);

1. Application of Acts and subordinate statutes to written appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of a fine concerning the crime, the selection of a fine;

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

1. Even if considering the circumstances that are the primary offenders of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the amount of fine as set forth in the summary order cannot be deemed excessive in light of the legislative intent of the Road Traffic Act punishing the drunk driving, traffic accidents have occurred, blood alcohol concentration, equity in punishing the same kind of crime. Thus, the amount of fine as set forth in the summary order shall be determined.

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