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(영문) 수원지방법원 여주지원 2019.10.14 2019고단759

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

On October 6, 2016, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Sung-nam branch of Suwon District Court.

At around 00:30 on July 19, 2019, the Defendant driven a Fmari vehicle while under the influence of alcohol concentration of about 0.098% at approximately 800 meters from the Do in front of the House C in Ischeon-si B to E in front of E in Ischeon-si D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, investigation report (report on the state of drinking drivers), and the report on the state of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, US records and results of confirmation of dispositions, and application of Acts and subordinate statutes attached to summary orders;

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 alcohol driving, re-driving

However, the distance of drinking driving is short, and the blood alcohol concentration at the time of committing the crime was relatively high.

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.