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(영문) 수원지방법원 여주지원 2019.10.11 2019고단888
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 February 18, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court.

On August 19, 2019, at around 20:35, the Defendant driven a fluent car at approximately 200 meters section from the Do in the front of Ethical 0.169% under the influence of alcohol with a blood alcohol concentration of 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of statutes concerning criminal records;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the fact that there was a record of being punished for driving under drinking around 2016, and the fact that the drinking water in this case is subject to disadvantageous consideration, but the fact that the person is dead and reflects shall be considered as favorable circumstances.

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, including the defendant's age, character and conduct, the environment, and the degree of punishment for the same crime, are reviewed as above

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