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(영문) 수원지방법원 안산지원 2015.11.27 2015고정1674
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant has been punished by the violation of the Road Traffic Act (driving) in the Suwon District Court's Ansan Branch's Busan Branch's Support, by a fine of 70 million won on January 4, 2007, and by a fine of 2 million won on January 26, 2011.

On September 12, 2015, the Defendant was under the influence of alcohol at around 23:28, and at around 0.107% of blood alcohol concentration, and was driving a vehicle of approximately 2 km from the Do in front of the main apartment in Ansan-gu, Ansan-si to the road front of the 1506-gu, the Defendant was under the influence of alcohol at around 2km in the middle of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. Statement of the status of the driver;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of a fine (in spite of the fact that there are two times the criminal records of punishment for the same kind of crime to the defendant, the confession and reflect of the defendant, and the fact that the defendant has no specific penalty power except the previous conviction of the fine, considering the circumstances in which the defendant's health led to a drinking operation due to his own state in which he was under significant influence of

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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