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(영문) 수원지방법원 여주지원 2021.02.01 2020고단1405

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[Power of crime] On December 14, 2007, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving in Drinking) in the support of the Friwon method.

[Criminal facts] On November 29, 2020, the Defendant driven D SP car under the influence of alcohol content of about 0.135% from the 7km section from the front of Gyeonggi-gun B to the front of the same military road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Legal statement made by the defendant, report on the situation of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, report on the circumstances of the driver under the influence of alcohol, and investigation report on the scene of drinking restrictions;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is that the Defendant once driven drinking while driving alcohol again, and the alcohol concentration in blood was very high at the time.

However, the defendant's drinking driving power is 10 years prior to 10 years.

The punishment shall be determined as ordered in consideration of such circumstances and the defendant's age, character and conduct, environment, and circumstances after the crime.