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(영문) 수원지방법원 2019.03.28 2019고정30
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On December 6, 2018, at around 00:40, the Defendant driven the B SP car from the Suwon-gu Suwon-dong viewing parking lot at around 100 meters from the 100-meter section to the front road of the Dongwon-si, Suwon-si, the alcohol concentration of which is 0.078%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the statement of the status of a drinking driver, the report on the status of a drinking driver, and the report on the results of drinking control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. There are circumstances that may be favorable consideration for sentencing to the defendant, such as the confession of the defendant, his mistake against himself, and the first offender who has no record of criminal punishment, etc., of the reason for sentencing under Article 334(1) of the Criminal Procedure Act [the scope of sentencing] of the provisional payment order [the scope of sentencing] of a fine of 50,000 to 3,00,000 won.

However, at the time of driving under the influence of this case, Defendant was inevitable.

Considering the risk of drunk driving and the necessity of strong punishment to prevent it, the equality in sentencing with other drunk driving cases, etc., the punishment prescribed in the summary order does not seem to be more important.

Therefore, the punishment is determined as ordered.

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