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(영문) 수원지방법원 여주지원 2020.04.22 2020고단235
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On April 14, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the branch court of Suwon District Court.

【Criminal Facts】

On February 8, 2020, the Defendant driven an Epic vehicle from around 1.5 km to the roads adjacent to the domini-si D Apartment, in the state of under the influence of alcohol of 0.081% of blood alcohol concentration, from around 18:23, the Defendant driven an Epic vehicle from around 1.5 km to the roads adjacent to the domini-si D Apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Reporting on detection (driving under the Road Traffic Act);

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, investigation report (report on the status of drinking drivers), and report on the status of drinking driving;

1. Detection of the detection site;

1. Investigative report (accident site and reporter's statement);

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to summary orders of the same kind of suspect records);

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 on the order of provisional payment is that the defendant, even though he had a record of driving under influence of alcohol, once he drives under influence of alcohol, and causes a traffic accident.

However, the defendant's drinking distance is relatively short.

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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