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(영문) 수원지방법원 2017.09.06 2017고단3257
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On March 9, 2007, the Defendant received a summary order of a fine of one million won or more as a crime of violating road traffic law (a quasi-driving) from the Suwon Flag Flag on March 9, 2007, and a summary order of 1.5 million won or more as a crime of violating road traffic law (a quasi-driving) from the Suwon Flag Flag on April 18, 2008.

[Criminal facts] On May 12, 2017, the Defendant driven B-low-income car over approximately 100 meters on the road front of viewing water sources, which is located in Suwon-si Transferdong, under the influence of alcohol content of 0.130% during blood around May 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

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

1. Selection of selective fine for punishment (average circumstances favorable to the grounds for sentencing);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant has the record of having been punished twice for the same crime. - The defendant’s blood alcohol concentration is high at the time of the instant case - the defendant recognized all criminal facts. - The defendant is punished for the same kind of crime and is punished for the same crime, and the interval between time and the present crime is considerably high, and the defendant does not appear to have a damp drinking wall even though he does not appear to have a damp drinking wall. - The defendant is punished only once by the upper limit of fines, taking into account all the kinds of sentencing conditions revealed in the trial process.

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