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(영문) 수원지방법원 여주지원 2019.09.30 2019고단708
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

(Criminal Power) On September 30, 2014, the Defendant was a person who received a summary order of a fine of KRW 4 million from the Suwon District Court on September 30, 2014.

(Criminal) On July 25, 2019, around 20:09, the Defendant driven a BWD car with the blood alcohol concentration of approximately 0.065% under the influence of alcohol level 0.065% on the front road of the 87 Ethncheon-si, Etha-ro 87 adjacent to the “fence station” adjacent to the “fence station”.

Accordingly, the defendant violated the prohibition of driving under the influence of alcohol provided by the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, report on the situation of driving under drinking, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant, even though he had the record of punishment after driving under drinking, once a drinking alcohol driving was the same, and the blood alcohol concentration at the time of committing the crime was relatively low.

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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