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(영문) 수원지방법원 여주지원 2020.02.17 2019고단1251
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

(criminal power) On March 8, 2013, the Defendant issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the inn branch of Suwon District Court on March 8, 2013, and a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the inn branch of Suwon District Court on July 25, 2014.

(Criminal) On November 17, 2019, at around 22:13, the Defendant driven a DNA car under the influence of alcohol concentration of about 500 meters from a 500-meter radius to the front road of the same city city, from the Gyeonggi-si market prior to the Gyeonggi-si market.

Accordingly, the defendant was driven under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

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

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of each summary order;

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 he had the record of drinking alcohol twice, and that at the time, the blood alcohol concentration was considerably high.

In addition, the defendant caused a traffic accident while driving under influence.

However, the defendant's drinking distance 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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