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(영문) 수원지방법원 여주지원 2020.03.27 2020고단161
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 November 7, 2011, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the leisure branch of Suwon District Court.

On February 8, 2020, at around 11:35, the Defendant driven an E-Poter truck under the influence of alcohol concentration of about 0.063% from the 4km section from the later part of C, which is located in B, to the front side of the dwelling area located in D, Sju City.

Summary of Evidence

1. Application of Acts and subordinate statutes of one copy of the defendant's statutory statement, the oral statement of the driver, and the summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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 same criminal records of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act shall be considered in consideration of unfavorable circumstances, such as: (a) the time limit and reflects; (b) the fact that it does not repeat again; and (c) the fact that there was no punishment for the same kind of crime after around 2011.

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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