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(영문) 수원지방법원 안양지원 2013.04.10 2013고단102
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 11, 2010, the Defendant received a summary order of KRW 3 million from the Seoul Western District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million from the same court on June 7, 2010 to a fine for the same crime.

At around 02:10 on January 4, 2013, the Defendant driven a D-low-car under the influence of alcohol leveling 0.124% from the 3km section of approximately 3km from the roads near the Seoul Seocho-gu Arts Center, Seocho-gu, Seoul to the roads 500m prior to the Seocheon-si, Seocheon-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1) and (2), report on detection of a drinking driver, and circumstantial report on a drinking driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a summary order of the same kind);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is likely to be subject to criticism when the defendant had a record of criminal punishment three times due to drunk driving in the past.

However, the sentencing conditions specified in the arguments of this case, such as the fact that the defendant is in a profoundly against his/her own mistake, the fact that there is only the past record of being sentenced to a fine, and the age and character of the defendant, the motive of the crime, the circumstances after the crime, etc., shall be determined as

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