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(영문) 수원지방법원 안양지원 2014.04.11 2013고단402
도로교통법위반(음주운전)등
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 4, 2008, the Defendant was sentenced to a fine of two million won or more for the violation of the Road Traffic Act, etc., and on November 7, 2008, the Defendant was sentenced to a suspended sentence of six months by imprisonment for the violation of the Punishment of Tax Evaders Act at the Ansan District Court's Ansan Branch on the grounds of violation of the Act on Punishment of Tax Evaders. On April 20, 2010, the Defendant was sentenced to a suspended sentence of four months by the Suwon District Court for the violation of the Act on Punishment of Tax Evaders, etc. on April 20, 2010, and on June 8, 2010, the said suspended sentence became final and conclusive, and was released as parole on December 24, 2010 and the period of parole passed on February 17, 2011.

On January 9, 2013: Around 23:12, the Defendant was under the influence of alcohol with a blood alcohol content of 0.066% without a car driver’s license, and the Defendant was driving a C observer car at approximately approximately 200 meters away from the king Gang-dong’s roads adjacent to the king Gangdong, Yudong, to the roads adjacent to the entrance of the said Korea Yoote-gu Oil Business.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of criminal records and investigation reports (prior convictions and confirmations of the same offense) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional fine;

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

1. In light of the fact that there are many kinds of records of punishment for driving under the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and in particular, on April 2010, when considering that the sentence of imprisonment was imposed on the defendant, it is necessary to impose a penalty on the defendant. However, since three minor children are three and one of them is only one year, if the defendant is detained for a long time, the spouse and his/her children are likely to suffer difficulties, the degree of exploitation is relatively low, and the health is not good.

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