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(영문) 수원지방법원 2014.07.10 2014고단2383
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 14, 2011, the Defendant is a person who has a record of being sentenced to a fine of two million won or more due to a violation of the Road Traffic Act at the Suwon District Court on March 9, 201 and a fine of two million won or more due to a violation of the Road Traffic Act at the Suwon District Court on March 9, 2012.

On March 11, 2014, at around 04:40, the Defendant driven DNpon vehicle at approximately 3 km from the Hancheon-dong Mancheon-ro Mancheon-ro Mancheon-ro 484 in front of the street 484, while under the influence of alcohol with a blood alcohol concentration of 0.086%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (former records and binding of summary orders) Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) 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, as stated in the first head of the judgment, is that the defendant was punished twice by a fine due to drinking driving, and thus, the defendant shall choose and punish imprisonment with prison labor for the crime of this case. However, on August 13, 2013, the defendant is unable to choose a suspended sentence when he was sentenced to imprisonment with prison labor for six months at the Suwon District Court for a violation of the Punishment of Violences, etc. Act at the time of the suspended sentence. Thus, it is somewhat harsh for the defendant to sentence for the crime of this case, and the sentence for the crime of this case is somewhat harsh for the defendant, and the maximum sentence shall be determined by taking into account the blood alcohol concentration at the time of drinking driving of this case, and the maximum sentence shall be

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