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(영문) 수원지방법원 평택지원 2014.11.14 2014고단1254
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On May 13, 2009, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site.

On August 1, 2014, at around 00:56, the Defendant driven Di30 automobiles from approximately 300 meters to the front road of the Song apartment located in Pyeongtaek-dong in the same Dong, while under the influence of alcohol of 0.112% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of the Acts and subordinate statutes on inquiry records such as criminal records, etc. and personal identification and confinement status;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has three times the criminal defendant was punished for driving under the same kind of alcohol, and on November 29, 2013, this court was sentenced to the imprisonment of eight months for a violation of the Game Industry Promotion Act due to a violation of the Act on Promotion of the Game Industry, and the criminal liability is very heavy in light of the driving of a motor vehicle in a considerable state of drinking without being sentenced to a

However, it is so decided as per Disposition by taking into account the following circumstances: (a) the Defendant recognized the facts charged in the instant case; (b) reflects the Defendant’s mistake; (c) there is no record of punishment exceeding the fine due to the same mistake; (d) there is no record of punishment due to the same mistake; (c) simple drinking driving; (d) the degree of drinking alcohol; and (e) other circumstances indicated in the record, such as the Defendant’s age, health;

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