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(영문) 수원지방법원 안산지원 2016.11.18 2016고단3393
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 15, 2008, the defendant was issued a summary order of one million won by a fine in violation of the Road Traffic Act (driving) at the Incheon District Court on February 15, 2008, and on December 28, 2010, the defendant was issued a summary order of 2.5 million won by the same court as a fine for the same crime, and the same criminal record is more than once.

On October 06, 2016, around 09:10 on the 09:06th 06th 09:10, the Defendant driven the Category B motor vehicle with blood alcohol concentration of about 0.063% from the 20km section from the 1420-4nd Yan-dong, Ansan-si to the Yancheon-dong, Ansan-si's Yandong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver, and output of a drinking measuring paper;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (report attached to previous and previous judgments) Acts and subordinate statutes;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that the instant crime has been committed once again despite the record of the same kind of crime for sentencing.

It is necessary to make strict penalties.

However, it was not driven immediately after drinking, but it was controlled during the working day following the following day.

The mistake is recognized and reflected.

The blood alcohol concentration is relatively low.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, motive and background of the crime, circumstances after the crime was committed, and all the sentencing conditions specified in the records and arguments of this case.

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