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(영문) 수원지방법원 여주지원 2019.10.01 2019고단746

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 23:36, 2019, the Defendant driven an Erocketing car with approximately 0.212% of alcohol level in the 3km section from the front road located in Ischeon-si B to the front road of the Gyeonggi-si, Gwangju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports;

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 to attract a workhouse;

1. Article 334 of the Criminal Procedure Act provides that the reason for sentencing under Article 334 of the Provisional Payment Order is to cause physical damage and to take into account the circumstances disadvantageous to drinking and drinking.

However, it shall be taken into consideration the favorable circumstances, such as the fact that the time limit and reflects, the damage of the victim of the traffic accident is recovered, the sale of the motor vehicle, the fact that the drinking driving power is not available, family and support relationship

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.