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(영문) 수원지방법원 여주지원 2019.08.12 2019고단510
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On May 17, 2019, the Defendant driven a motor vehicle with F typ low-speed under the influence of alcohol concentration of 0.227% by 2.5km from the Do in front of the C cafeteria in the innju city, to the front of the D apartment E-dong, Singju city, from May 17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the detection of drunk driving, a report on the results of crackdown on drunk driving, a report on the status of drunk driving, a report on the circumstantial statements of a drunk driver, and an investigation report (report on the circumstances of

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act of the order of provisional payment was that the Defendant, even though there were three times the history of refusing to drive alcohol or to measure alcohol, had a high blood alcohol concentration at the time of detection.

In addition, the Defendant was sentenced to four months of imprisonment with prison labor after driving without a license and completed the execution of the sentence on February 1, 2017, but again committed the instant crime during the repeated crime period.

However, the defendant's drinking driving force is 10 years prior to all.

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.

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