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(영문) 수원지방법원 여주지원 2020.02.03 2019고단1193

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

(Criminal Power) On June 22, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) in the Chungcheong District Court.

(Criminal) On September 13, 2019, at around 00:45, the Defendant driven a e-manufactured car under the influence of alcohol concentration of about 800 meters from the road front of the Cju store located in Chungcheongbuk-do B to the front road in Gyeonggi-si. D.

Accordingly, the defendant was driven under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A traffic accident report (1) (2), a report on occurrence of a traffic accident, and a field map of a traffic accident;

1. Report on the circumstantial statement of a drinking driver, investigation report of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. On-site photographs and on-site inspection photographs of the initial measure;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.

However, the drinking driving power is not less than 8 years, and the distance of drinking driving is relatively 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.