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(영문) 수원지방법원여주지원 2020.08.10 2020고단572
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7 million. If the Defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

(Criminal Power) On September 19, 2006, the Defendant is a person who received a summary order of a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) from the branch court of Suwon District Court.

(Criminal Facts) The Defendant is a person who is engaged in driving a BAD A6 car.

On May 6, 2020, the Defendant driven the said car under the influence of alcohol 0.116% in the section of approximately 150 meters from the 150-meter distance to the front road of “E” located in the same city from the front day of Echeon-si to the road in the same city D.

Accordingly, the defendant, who violated the prohibition of drinking driving, was driving the car under the influence of alcohol again.

Summary of Evidence

1. Legal statement, statement made by the defendant, results of the crackdown on drinking driving, circumstantial statement of the drinking driver, investigation report, investigation report (report on the circumstances of the drinking driver), and site photograph of the first-class measure taken by the defendant;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 the provisional payment order was that the Defendant, even though he had a record of drinking driving, was driving under the influence of alcohol again, and that at the time, the Defendant had a high level of alcohol

However, the distance of drinking driving is short, and the drinking driving power is before 10 years.

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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