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(영문) 수원지방법원 평택지원 2019.11.27 2019고단1531
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 19, 2008, the Defendant received a summary order of a fine of one million won for a violation of the Road Traffic Act from the Suwon District Court as a penalty of violation of the Road Traffic Act.

On October 1, 2019, at around 14:20, the Defendant driven a DNA motor vehicle under the influence of alcohol level of about 0.041% from about 1km to about C’s front road.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is as follows: (a) the background leading up to the defendant's driving of drinking alcohol (in light of the fact that the control time and drinking level are low, it will be seen as the night driving in light of the fact that the control time and drinking level are low); (b) the criminal records of the defendant's same kind; and (c) the defendant's age, character and conduct, and environment, etc

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