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(영문) 수원지방법원 여주지원 2020.03.27 2020고단151
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 28, 2007, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 1.5 million as a fine in the same court on March 12, 2014.

On January 31, 2020, while under the influence of alcohol of 09:40%, the Defendant driven the B rocketing car from approximately 5km to the front road of the 5km away from the 5-lane in front of the death intersection located in the Shincheon-si, Taecheon-si, Taecheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of summary order;

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 the criminal records of the same kind of reasons for sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order can be taken into account in unfavorable circumstances, but the fact that time and reflects the time, the fact that the person took a 7-8-hour volume of waters after the day before the meeting with the previous dynamics, and the circumstance is less than the time to resolve the taking-off, and the fact that the drinking-water of this case appears to have occurred, and that the person would not drive the drinking-water again, shall be considered as 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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