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(영문) 수원지방법원 여주지원 2020.04.06 2020고단170
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

[Criminal Power] On March 8, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the inn court of Suwon District Court.

【Criminal Facts】

At around 01:06 on January 14, 2020, the Defendant driven a C Spoty-type car while under the influence of alcohol concentration of about 0.206% from the 10m section of blood alcohol at around 01:06.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of a violation of the Road Traffic Act;

1. 112 reported case handling table;

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 circumstances of drinking drivers), and report on the status of drinking driving;

1. Response to the request for appraisal;

1. On-site photographs;

1. A criminal investigation report (to attachCCTV images);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation 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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant once driven alcohol again even though his/her influence of drinking alcohol was twice, and the degree of alcohol level at the time was very high.

However, the defendant was driving a short distance in the parking lot, and the risk of drinking driving was relatively low.

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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