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(영문) 수원지방법원 여주지원 2019.09.17 2019고단777

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 July 19, 2019, around 22:45, the Defendant driven a D QM6-car in the state of alcohol alcohol concentration of about 0.229% from the parking lot located in Sju City B to the front road of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

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

1. Relevant Article 148-2 (3) 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order and the fact that the occurrence of a traffic accident causes physical damage shall be considered disadvantageous circumstances.

However, consideration shall be given to the favorable circumstances, such as the fact that the time is dead and reflect, the first offense, and the fact that the victim of a traffic accident does not want to punish the defendant.

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.