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(영문) 수원지방법원 안양지원 2020.05.22 2020고정77
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a person who drives B rocketing vehicles.

On May 19, 2018, the Defendant was under the influence of alcohol with 0.071% of blood alcohol concentration around 23:35 on May 23:35, 2018, driving approximately 4 km from the day before the Hanyang-dong located in Manyang-gu, Anyang-ro 175, and (Gu Agriculture and Forestry Quarantine Headquarters prior to the same road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of an employee;

1. A written appraisal of blood alcohol;

1. Previous for judgment: Application of Acts and subordinate statutes attaching criminal records, repeated statements and summary orders of the same kind of power;

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 500,000 to three million won;

2. Although the Defendant asserts that a fine is excessive in KRW 1.5 million, the above fine amount does not seem excessive in light of the Defendant’s blood alcohol density.

It is so decided as per Disposition for the above reasons.

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