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(영문) 수원지방법원 여주지원 2020.05.29 2020고단545
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 August 16, 2010, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Incheon District Court's Busan District Court's Busan Branch.

The defendant is a person who is engaged in driving a B-to-car.

On April 11, 2020, at around 07:28, the Defendant driven the said car under the influence of alcohol content of about 0.125% in the section of about 20km, from the roads adjacent to the Han Mangyeong-gu, Seongbuk-gu, Sungnam-si to the 50-gil-si, Gwangju-si, dong-do, 40-gil-do, and the 58-do, Sungnam-do, to the road adjacent to the Seocho-gu, Sungnam-do.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, report on the circumstance of the driver, and investigation report (verification of the same criminal records as the suspect);

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 of the provisional payment order shall be considered in light of favorable circumstances, such as: (a) the time and reflects on the unfavorable circumstances; (b) the fact that there is no record of punishment other than all criminal facts; (c) the fact that a person does not drive under the influence of alcohol; and (d) the fact that it is deemed that the mitigation of the lodging

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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