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(영문) 수원지방법원 여주지원 2020.04.28 2020고단451

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 March 25, 2020, the Defendant driven an Esp motor vehicle from a distance of about 700 meters from the road near the Seoul market in Ischeon-si to the road front of the D Apartment in Ischeon-si, the Defendant was under the influence of alcohol of 0.27% of blood alcohol level on March 25, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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. It shall be considered that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is a disadvantageous condition, such as: (a) the time limit and reflects; (b) the fact that there is no punishment for the same kind of crime; and (c) the fact that the same does not apply to the second offense; and

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.