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(영문) 수원지방법원 여주지원 2020.04.27 2020고단341
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

On May 20, 2016, the defendant was issued a summary order of one million won for a violation of the Road Traffic Act in the credit support of the Suwon District Court on May 20, 2016.

On February 22, 2020, at around 04:58, the Defendant driven an EK7 car from the section of about 100 meters from the front day of the 'C' 'C located in the Chungcheongbuk-si' to the front day of the 'D apartment' road in the same city, under the influence of alcohol content of 0.07%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the result of crackdown on drinking driving;

1. Investigation reports (Application of the Madmark);

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 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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