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(영문) 수원지방법원 안양지원 2014.11.20 2014고정1055
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 July 29, 2014, at around 23:10, the Defendant driven a B Oralb while under the influence of alcohol leveling 0.104% of blood alcohol level on the roads in front of the Repairland located in the Sinpo City, Sinpo City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to vehicles and field photographs;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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 of the provisional payment order is not that of the crime committed by the defendant, such as losing the center while drunk driving and using it by himself. However, considering the fact that the defendant is a basic recipient and has no previous record of the same kind of crime, the defendant is a drunk driving other than a general automobile, and the confession of the crime is against the wrongness of the defendant, the punishment shall be determined as per the disposition by taking into account various circumstances, which are the conditions for sentencing specified in the arguments and records of the case, based on the sentencing of the same kind of case as the prosecutor's old sentence (fine 1.5 million won)

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