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(영문) 수원지방법원 성남지원 2016.10.12 2016고단1935
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 power] On June 11, 2010, the Defendant issued a summary order of KRW 2 million for the same crime at the Sungnam District Court's Sung-nam branch of Suwon District Court as a crime of violation of the Road Traffic Act. On October 16, 2013, the Defendant issued a summary order of KRW 3 million for the same crime at the Seoul Eastern District Court.

【Criminal Facts】

On June 28, 2016, at around 23:27, the Defendant driven a e-car under the influence of alcohol alcohol concentration of approximately 0.150% from the direction of the Seongbuk-gu mother market in Sungnam-si to the frontway in Sungnam-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Previous records: Application of criminal records, repeated statements, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is possible to select imprisonment considering that the defendant is driving under the third alcohol and the blood alcohol concentration level is high, but the defendant is driving under the influence of alcohol at a 10-meter level.

In light of the fact that driving should not be driven, it is discovered that the vehicle was out of the nearby convenience store, that it is prescribed to retire when the defendant is sentenced to imprisonment without prison labor or heavier punishment under the rules of employment of the company to which the defendant is present, and that the defendant does not have any previous conviction on the two occasions, it is decided to select a fine only once, and it is ordered as the disposition.

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