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(영문) 수원지방법원 여주지원 2019.09.23 2019고단674
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 12, 2010, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act from the Suwon District Court on February 12, 201.

Nevertheless, at around 01:07 on July 14, 2019, the Defendant driven a Rabalk freight vehicle C under the influence of alcohol concentration of about 0.137% from the 2km section from the Mabalian to the front road of the Gyeonggi-si. B. In line with the influence of alcohol content of around 0.137%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the situation of a driver under the influence of alcohol, investigation report, and inquiry into the results of the crackdown on driving under the influence of alcohol;

1. Photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was that the Defendant, even though he had a record of driving under drinking and had been punished, he again driven under drinking again, and that the blood alcohol concentration was high at the time of committing the crime.

However, the defendant's drinking driving force was about 2009, which was about 10 years ago, and thereafter did not commit a separate crime until the crime of this case was committed.

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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