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(영문) 수원지방법원 여주지원 2019.03.15 2019고단85
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On November 16, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) at the leisure branch of Suwon District Court on November 16, 2007, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act (driving) at the leisure branch of Suwon District Court on March 21, 2014.

On January 16, 2019, around 21:43, the Defendant driven a F Track vehicle under the influence of alcohol concentration of approximately 1km from the front of the C High School located in Ischeon-si B to the front of the “E” restaurant located in Ischeon-si D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A written appraisal of blood alcohol;

1. An inquiry report, such as a criminal history;

1. Application of the Acts and subordinate statutes of two copies of the summary order;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that several times of punishment for the same kind of crime on the grounds of sentencing of Article 334(1) of the Provisional Payment Order shall be taken into account under unfavorable circumstances, but it shall be taken into account that the time is human and reflect, support relationship, and the fact that it is not to prevent such crime again, and that the branch's preference coal source, etc. are favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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