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(영문) 수원지방법원 여주지원 2020.01.17 2019고단1261
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 April 9, 2010, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and KRW 3 million as a fine in the same court on January 26, 2015, in the case of a violation of the Road Traffic Act, at the credit branch of Suwon District Court.

On December 14, 2019, around 14:12, 2019, the Defendant driven an E high-speed vehicle while under the influence of alcohol content of about 0.032% from the 14km section to the front road of the D Elementary School located in E-si, E-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to investigation reports (verification of suspect A-like Power);

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 fact that there was five times of punishment due to the same kind of crime with the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be considered in consideration of unfavorable circumstances, but the fact that the time and reflects, and the fact that the waters were taken after the previous drinking, and that it seems that the drinking water in this case appeared to have occurred due to the reduction of the night reading after drinking, etc.,

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, drinking distance, driving distance, etc., are reviewed as above.

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