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(영문) 수원지방법원 여주지원 2020.02.03 2019고단1192
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 20, 2017, the defendant was issued a summary order of 1.5 million won for the violation of the Road Traffic Act in the credit support of Suwon District Court on September 20, 2017.

On November 21, 2019, while under the influence of alcohol at 0.046% of blood alcohol concentration, the Defendant driven an Ethbluri-car car from approximately 1km section from the front of the B apartment of Echeon-si to the front of D located in the same city C.

Accordingly, the defendant was driving 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 of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a 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 with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking alcohol driving, re-driving

However, the blood alcohol concentration at the time of driving is relatively low, and the distance of drinking driving is also 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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