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(영문) 수원지방법원 여주지원 2020.05.18 2020고단311
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 9, 2014, the Defendant was issued a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the credit support of the Suwon District Court.

On March 1, 2020, at around 03:55, the Defendant driven a f bargaining car with approximately 20 meters of alcohol level 0.166% while under the influence of alcohol level 0.16% from the day before the E-cafeteria located in Ischeon-si B to the front road of the E-cafeteria located in the same city.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking-driving, and inquiry into the results of the crackdown on drinking-driving;

1. Investigation report (related to driving distance of a suspect);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to summary orders of criminal records on driving under the influence of a suspect);

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 with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.

However, the defendant's drinking distance was shorter.

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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