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(영문) 수원지방법원 여주지원 2019.10.25 2019고단948

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 31, 2013, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the credit support of Suwon District Court on July 31, 2013.

On August 23, 2019, at around 21:47, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.05 % from the front of the Hacheon-si Audio Group B to the front of the Macheon-si road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of the driving of a motor vehicle;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of Article 148-2 (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 fact that the sentence of Article 334(1) of the Criminal Procedure Act of the provisional payment order was imposed on or around 2013 due to drunk driving for the reason of sentencing of Article 334(1) of the Criminal Procedure Act shall be considered as unfavorable circumstances, and the fact that it is acceptable

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, driving distance, and drinking water, are considered as above.