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(영문) 수원지방법원 여주지원 2020.05.08 2020고단464
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On June 8, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the credit branch of Suwon District Court as a result of the violation of the Road Traffic Act.

On March 31, 2020, the Defendant driven a Fran vehicle at a distance of about 40 meters from the front of the road located in Gyeonggi-gun B to the front of E located in D, while under the influence of alcohol of about 0.106% of blood alcohol level around 22:59.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes to report on circumstantial statements and investigation reports (verification of suspect drinking records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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 same criminal records of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be considered in consideration of unfavorable circumstances, such as: (a) the time and reflects; (b) the fact that a person does not drive under the influence of alcohol again; and (c) the fact that there is no penalty exceeding the fine, shall be considered as favorable circumstances

In this context, all the sentencing conditions of Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, driving distance, and motive for driving, are considered as above.

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