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(영문) 수원지방법원 여주지원 2019.11.25 2019고단947
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On June 14, 2010, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court on June 14, 2010, and on June 27, 2012, the Defendant issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court on June 27, 2012.

Nevertheless, at around 01:34 on September 11, 2019, the Defendant driven a Radon car with a blood alcohol concentration of about 0.094% from a 300-meter section from the front of the Gyeonggi-si to the front of the Gyeonggi-si road.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification on the control results of drinking driving and the report on the situation of drinking driving;

1. 112 Report disposal slips;

1. Photographs and CCTV images;

1. Records before judgment: Criminal records, repeated statements, and application of each summary order Acts and subordinate statutes;

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 once driven a drinking alcohol again even though he/she had the record of drinking alcohol driving twice.

However, the distance of drinking driving 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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