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(영문) 수원지방법원 성남지원 2018.10.24 2018고단1036
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 April 22, 2018, while under the influence of alcohol 00:44% during blood, the Defendant driven a vehicle B with low alcohol over a section of about 200 meters from the fest road near the station in the city of Sungnam-gu, Sungnam-gu, Sungnam-dong to the preceding road of the fishery fest in the city of Sungnam-gu, Sungnam-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to reports on the situation of driving, response to requests for appraisal, and reports on the detection of drivers engaged in driving;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination - A fine shall be selected by taking into account the favorable circumstances, such as the degree of alcohol concentration and alcohol level among the blood transfusions of the Defendant with a fine of KRW 5 million, and the fact that one-time criminal records have been committed due to drinking driving, but the above number is attributable to blood recovery, and the fact that the above criminal records have been prior to 12 years, etc.

In addition, the punishment shall be determined by comprehensively taking into account the various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as shown in the records and arguments.

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