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(영문) 수원지방법원 여주지원 2020.03.27 2020고단94
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 March 26, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) from the credit branch of the Suwon District Court.

At around 21:40 on December 4, 2019, the Defendant driven an Efranion vehicle from a distance of about 3 km from the front side of the Ycheon-si B apartment to the front parking lot of the Ycheon-si, Leecheon-si, Leecheon-si, with a blood alcohol level of 0.092% alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry reports, such as criminal records, and application of Acts and subordinate statutes on investigation reports (related to the same type of suspect records);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

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 consideration of unfavorable circumstances, such as: (a) the time limit and reflects; (b) there is no record of punishment for driving under drinking after around 2010; and (c) the fact that the driving under drinking will not be conducted again, shall be considered in favorable circumstances.

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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