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(영문) 수원지방법원 안양지원 2014.07.25 2014고단897
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 23, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court on May 23, 2008, and was sentenced to a fine of KRW 2 million for the same crime in the same court on November 28, 2008, and was sentenced to a fine of KRW 3 million for the same crime in the same court on August 9, 201.

At around 23:44, May 14, 2014, the Defendant driven a B Mart car with a blood alcohol concentration of at least 0.061%, without a vehicle driver's license, at a section of approximately 400 meters from the street in front of the Goyang-dong Goyang-dong, Goyang-si to the street in front of the Gosan-si, Masan-si, Masan-si to the street in front of the third party.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A driver's license inquiry;

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

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Optional fine;

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

1. Even though there are three times or more records of punishment for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is necessary to strictly punish the defendant when considering the fact that the defendant committed the crime in this case. However, it is necessary to select a fine and determine a punishment like the order by taking into account the fact that the crime is in depth against the defendant, the degree of drinking is not much serious, living environment, etc.

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