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(영문) 수원지방법원 여주지원 2019.10.22 2019고단936
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 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 2, 2019, at around 18:00, the Defendant driven a rocketing vehicle with the blood alcohol content of 0.253% 0.253% in the section of approximately 29km from the 18:0 to the 62.9km away from the Macheon-si road to the road of Echeon-si, Pyeong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant Article 148-2 (3) 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. Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account unfavorable circumstances such as the reason for sentencing under Article 334(1) of the same Act, the influence of alcohol on an expressway, the occurrence of traffic accidents, etc., and the fact that the time and reflects, the fact that the driver does not drive under the influence of alcohol again, and the fact that there is no record of punishment other than that subject to punishment for the crime of immigration around 193 and 200, etc., 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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