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(영문) 수원지방법원 여주지원 2020.03.25 2020고단90
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal power] On November 17, 2006, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the inn court of Suwon District on November 17, 2006, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act from the inn court of Suwon District Court on September 30, 2008 to the inn court of Suwon District Court on September 30, 2008, respectively.

【Criminal Facts】

On January 6, 2020, at around 22:46, the Defendant driven a Cystren vehicle with approximately 30 meters of alcohol concentration 0.121% under the influence of blood alcohol content.

As a result, the defendant, despite the fact that he violated the prohibition of drinking driving, has driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A traffic accident report (1) (2) and a traffic accident occurrence report;

1. The circumstantial statement of a drinking driver, investigation report, notification on the control results of drinking driving and the report on the situation of drinking driving;

1. On-site and vehicle photographs;

1. Estststy straws images;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes on criminal records, investigation reports (verification of suspect A-like records);

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 once driven a drinking alcohol again even though he had the record of drinking alcohol twice, and that at the time of committing the crime, the blood alcohol concentration was considerably high.

However, the defendant's drinking driving force is 10 years prior to all, and the distance of drinking driving was shorter.

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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