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(영문) 수원지방법원 평택지원 2013.06.19 2012고합376
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 2, 2012, the Defendant driven a C truck under the influence of alcohol with a blood alcohol concentration of 0.070% from October 2, 2012 to the roads in front of the Korean Industrial Complex located in Pyeongtaek-si, Pyeongtaek-dong.

2. On October 6, 2012, at around 01:10, the Defendant driven a D-hurd-hurd vehicle with a blood alcohol concentration of 0.095% from the road 418 in the C-hurri in the C-hurri in the C-hurri, J-si to the front road of the Korea Industrial Complex.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of each drinking driver, and the circumstantial statement of each drinking driver;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of the Act on Criminal Facts, the choice of punishment, and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), and the selection of fines, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes as provided for in the Road Traffic Act as of October 6, 2012 with heavier penalty)

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) even though a defendant was subject to a criminal punishment from a horizontal site of the Suwon District Court on May 7, 2012 to a drunk driving, he/she again drives each of the instant drinking operations; and (b) there is no possibility of criticism in that he/she again commits the crime of drinking driving as stated in Article 334(2) of the Criminal Procedure Act within 40 days after he/she was discovered due to a drunk driving

However, the sentencing conditions, such as the defendant's age, character and conduct and environment, and circumstances after the crime, are determined as ordered by considering the fact that the defendant seems to be confession and reflect, that there is no record of punishment exceeding the fine, and that there is no other reason.

It is so decided as per Disposition for the above reasons.

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