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(영문) 수원지방법원 여주지원 2020.05.27 2020고단493
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[criminal power] On November 25, 2013, the Defendant was issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court.

【Criminal Facts】

On March 30, 2020, at around 01:20, the Defendant driven a FNAS car under the influence of alcohol leveling 0.061% of alcohol level on the 2km section from the road front of the CEU located in W in W in Sju City to the road front of the Eguwon located in D in Sju City.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site photographs;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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) 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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant, even though he/she had a record of drinking alcohol driving, re-driving

However, the blood alcohol concentration at the time of crime was relatively low, and the distance of drinking driving is also short.

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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