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(영문) 수원지방법원 여주지원 2020.05.13 2020고단48
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 March 2, 2015, the Defendant was issued a summary order of KRW 3 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

(Criminal) On December 27, 2019, the Defendant driven a motor vehicle in Fent Pest under the influence of alcohol content of approximately 0.140% at a section of approximately 200 meters from the calo distance in Gyeonggi-si B to the roads of “E” in the same city as “E” in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

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 governing summary orders;

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 with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.

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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