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(영문) 수원지방법원 여주지원 2019.10.25 2019고단890

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 14, 2014, the Defendant was issued a summary order of KRW 6 million by the Seoul Northern District Court due to the crime of violation of the Road Traffic Act.

around 13:05 on August 27, 2019, the Defendant driven a EKan typ vehicle from the Do before the farm located in the Innju City B to D 200 meters from the Do before the innju City, while under the influence of alcohol at 0.073% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of statutes concerning criminal records;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order was imposed on or around 2014 on the ground of the sentencing of the same kind of crime shall be considered in consideration of unfavorable circumstances, such as the time limit and reflectability, and the fact that there is no punishment for the same kind of crime except that has been punished on or around 2014.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, drinking water in this case, etc., are reviewed as