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(영문) 수원지방법원 여주지원 2019.11.25 2019고단903
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On January 22, 2016, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court.

【Criminal Facts】

On September 3, 2019, around 22:28, the Defendant driven a Dsch-sports car in the state of alcohol alcohol concentration of approximately 2 km from around 2km to the front road in the city B from the 2k section before the Dongcheon-si, Mancheon-si to the front road in the same city C.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and report on the status of running a driving on the drinking house;

1. Written reply to the request for appraisal, and the blood alcohol appraisal report;

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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant once driven a drinking alcohol again while driving a drinking alcohol again. At the time of driving, the degree of blood alcohol level was relatively high.

However, the defendant's drinking distance was 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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