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(영문) 수원지방법원 여주지원 2020.06.08 2020고단557

도로교통법위반(음주운전)

Text

The defendant shall be punished by a fine of five million won. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 21, 2020, the Defendant driven an EK5 vehicle from a distance of about 100 meters from the front day of a restaurant where the trade name in Echeon-si B cannot be known while under the influence of alcohol 0.213% of blood alcohol level, to the front day of a restaurant in Echeon-si to the “D” restaurant in Echeon-si.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement, the statement on the circumstances of the driver, the report on the situation of the driving of the main and the report on appraisal, the control site

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for 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 sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order was based on the Defendant’s blood alcohol concentration at the time of drunk driving.

However, the defendant has no criminal history of the same kind, and the area of drinking driving is short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.