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(영문) 수원지방법원 2012.10.25 2012고합797
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

On May 19, 2012, at around 00:00, the Defendant driven the E Costex 60 meters-hour vehicle from the front line C heading to D/L in the state of alcohol of 0.213 percent of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

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

1. Under the current Road Traffic Act, the sentencing ground of Article 334(1) of the Criminal Procedure Act [the scope of the punishment by law] of the sentencing of a fine of 2.5 million won or a fine of 5 million won (the decision of sentence] of the current Road Traffic Act provides that the person who drives a motor vehicle shall be punished by imprisonment with prison labor for not less than one year but not more than three years or by a fine of not less than 5 million won but not more than 10 million won if the blood alcohol content of the person who drives the motor vehicle is not less than 0.2 percent while under the influence of alcohol, and thus, criminal punishment is being imposed on one story on the basis of the degree of drinking at the time of driving at the time of the instant case. In fact, in light of the Defendant's speech and behavior at the time of the instant case (0.213 percent) and the fact that the Defendant could sufficiently be aware that he was in a state of exploitation at the time of the instant case, the Defendant should be punished strictly, but this case is a case where the Defendant drives of a fine not more than 207-2.

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