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(영문) 수원지방법원 여주지원 2019.05.10 2019고정78
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three 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

At around 01:30 on March 3, 2019, the Defendant driven the pertinent vehicle up to 15 km at the entrance of the F Village near the E Bank, in the state of under the influence of alcohol 0.223% (Yoo-ri), while under the influence of alcohol from blood, the Defendant driven the said vehicle up to 05 km at the entrance of the F Village in the same city as in the front of the so-called E Bank.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order shall be taken into consideration in an unfavorable circumstance, such as the time limit and reflectability, and the primary offender 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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