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(영문) 수원지방법원 안양지원 2015.11.24 2015고단1633
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 10, 2013, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch, and was sentenced to a summary order of 2.5 million won for the same crime at the Suwon District Court on December 26, 2008, a summary order of 2.0 million won for the same crime at the Suwon District Court on December 5, 2008, and a summary order of 70 million won for the same crime at the Suwon District Court on October 5, 2007.

On September 9, 2015, at around 00:10, the Defendant driven a B liquid car at the front of the Hanyang-gu Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, the Hanyang-gu, whose blood alcohol level is 0.063%, while under the influence of alcohol at a level of 0.063%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous records: Application of the attached Acts and subordinate statutes, such as a criminal record, etc. inquiry report and a copy of summary order;

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

1. The Defendant’s crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was brought to a public trial after a request for a summary order of KRW 5 million was filed, and the crime was brought to the public trial. On more than two occasions, the nature of the crime is not weak due to a drinking driver’s crime.

In addition, considering the fact that the criminal defendant's previous criminal records, including the previous criminal records of probation, have four times the criminal records, the sentence of imprisonment should also be considered.

However, considering the fact that the previous criminal records except the previous criminal records of probation are the previous criminal records of the fine for not less than five years, the previous criminal records of the drinking alcohol in this case are not highly high, and the criminal defendant has shown to repent of the wrong facts while making a confession from the police.

This is the prosecutor.

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