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(영문) 수원지방법원 안산지원 2018.04.11 2018고단285
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 20, 2017, at around 03:40, the Defendant driven the BMW car at approximately KRW 5km from the front side of the west-si, Sinsi-si, Sinsi-si to the coast of the same city to the 580-way, while under the influence of alcohol concentration of 0.163%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. In the event that the Defendant, who has a record of driving alcohol once the reason for sentencing under Article 334(1) of the Criminal Procedure Act, drives a vehicle in a chronic state and caused an accident that re-drivings beyond the boundary of the road, the liability for the crime is not easy. However, the confession and reflect of the crime, and the fact that there is no other criminal record except for the punishment imposed by the same crime in the year 2010, shall be considered as favorable circumstances, and the punishment is determined as ordered by taking into account all the factors of sentencing indicated in the record, such as the Defendant’s age, sexual behavior, family relationship, and circumstances after the crime.

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