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(영문) 수원지방법원 안산지원 2016.02.02 2015고단3755
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of KRW 700,000,000 as a crime of violation of Road Traffic Act (drinking driving) in the support of the Sugwon method, on February 14, 2008, and a fine of KRW 1,50,000 as a same crime in the same court on August 21, 2009, and a fine of KRW 1,500,000 as a same crime in the same court on March 22, 2010. On June 24, 2014, the same court was sentenced to imprisonment for 10 months as a crime of injury, and the judgment became final and conclusive on July 2, 2014, and is currently under probation.

[Criminal facts] On November 3, 2015, the Defendant driven B-be under the influence of alcohol concentration of about 150 meters from the 45-ro, Ani-ro, Ani-gu, Ani-ro, Ani-gu, Ani-ro, Ani-ro, Ani-ro, Ani-ro, Ani-ro, Magdong, to the front road of the same 28-dong office.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the occurrence of the case, the relevant photograph, and a record of measurement of drinking;

1. Previous convictions: A response to a reply to inquiry, such as criminal history, investigation report (verification of the same criminal history as the suspect, confirmation during the period of suspension of execution), application of the relevant statutes;

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

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 punishment conditions under Article 51 of the Criminal Act are fully taken into account, such as the fact that there are two times the past records of being sentenced to a fine for driving under the influence of alcohol in 2011, the record of being sentenced to a suspended sentence of two years due to refusal to measure drinking in 201, and driving without a license, leading to the instant crime during the suspended sentence of six months, the previous records related to traffic including the above previous records, and the fact that the volume of drinking was high at the time of the instant case: the Defendant’s mistake reflects the fact that there was no accident at the time of the instant accident; the fact that there was no previous conviction related to traffic after 2011; and that there was no previous conviction related

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