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(영문) 수원지방법원 여주지원 2021.01.12 2020고단1289
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 October 14, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) by the District Court of Jung-gu.

On November 10, 2020, the Defendant driven a D vehicle under the influence of alcohol concentration of about 0.048% from the 6km section from the front of the road in Ischeon-si B to the front of the 254 slope in the same city.

As a result, the Defendant once driven a motor vehicle under the influence of alcohol despite the fact that the Defendant violated the prohibition of drinking.

Summary of Evidence

The application of the Acts and subordinate statutes to the defendant's legal statement, criminal place, state driver's circumstantial statement, investigation report (the same records as the suspect)

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Considering the unfavorable circumstances that a person was punished by around 2005 and around 2008 for the same kind of crime for the reason of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the fact that the person is dead and contradictory, and that the person does not drive drinking again, etc. shall be considered as favorable circumstances.

In this context, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are determined as above.

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