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(영문) 수원지방법원 여주지원 2019.04.29 2019고단126
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 August 28, 2007, the Defendant received a summary order of KRW 150,000,000 as a fine for a violation of the Road Traffic Act (driving) from the credit branch of Suwon District Court as a crime of violation of the Road Traffic Act, and KRW 1.5 million as a fine for a violation of the Road Traffic Act (driving) from the credit branch of Suwon District Court on December 9, 201.

(Criminal) On January 30, 2019, the Defendant driven an Efran vehicle under the influence of alcohol level 0.230% of alcohol level 0.230% until the D convenience store located in Faju City is front of the D apartment road in Faju City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of running a driving under the direction of the driver, report on the circumstantial statement of the driver under the direction of the driver, and investigation report;

1. Previous records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes (verification twice the criminal punishment records for running a sound driving);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 that the Defendant, after driving under the influence of alcohol and driving under the influence of alcohol once again, had been punished two times, and the blood alcohol concentration at the time was very high, and thus, the relevant criminal liability is not weak.

However, the section of drinking driving is relatively short, and the defendant's records of drinking driving are before 2011.

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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