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(영문) 수원지방법원 안산지원 2019.09.19 2019고단2415
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

On May 30, 2019, at around 00:34, the Defendant driven C Coin or car on the front road of Heunging City, while under the influence of alcohol content of 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, inquiry into the results of the crackdown on drinking driving, and the application of Acts and subordinate statutes governing drinking-free drivers;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, Defendant’s age, character and conduct, environment, motive and background of the crime, blood alcohol level, blood alcohol level, drinking driving distance, circumstances after the crime, etc., and the sentencing conditions as shown in the records and arguments of this case.

The circumstances that drinking driving is disadvantageous to others: a crime that may cause serious damage to the life, body, and property of others, and the defendant needs to be punished corresponding to the liability for the crime; the defendant, even though he had the record of punishment for drinking driving in 2017, has the previous record of driving under the influence of drinking in 2017, the defendant recognized his mistake and reflects that the defendant is driving under the favorable condition: the defendant does not drive under the influence of drinking again; the defendant sells the vehicle at present; there is no other criminal record other than the above driving under the influence of drinking; and there is no accident due to drinking.

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