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(영문) 수원지방법원 여주지원 2020.04.08 2019고단1332
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

(Criminal) On May 1, 2008, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on May 1, 2008. On June 30, 2008, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court on June 30, 2008. On November 12, 2019, the Defendant was sentenced to a suspended sentence of imprisonment of one year for a violation of the Road Traffic Act (driving) at the Sungnam Branch Branch of Suwon District Court on November 20, 2019, and the judgment became final and conclusive on November 20, 2019.

(Criminal) On October 11, 2019, around 23:20, the Defendant driven a F F food car under the influence of alcohol content of about 200 meters from the front of “C” in the Gyeonggi-si E-si, Gyeonggi-do to the front of “E” in “E” in the same city.

Accordingly, the defendant was driven under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the situation of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, each summary order, and application of statutes governing judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) and Article 55 (1) 6 of the Criminal Act for mitigation of concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant once driven a drinking alcohol once again, and the blood alcohol level at the time was very high. In particular, since the Defendant was under criminal trial on September 19, 2019, he/she once driven a drinking alcohol again, his/her criminal liability is heavy.

However, the defendant's crime of this case was decided on November 20, 2019.

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