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(영문) 수원지방법원 여주지원 2019.09.17 2019고단816
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five 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 May 2, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Suwon District Court.

On August 7, 2019, at around 07:12, the Defendant driven a Fluter vehicle under the influence of alcohol concentration of 0.124% from approximately 500 meters in the section of approximately 500 meters from the road adjacent to the C Jeongcheon-si B to the Eri-distance road located in D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to report on investigation (verification of the same criminal history as a suspect);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense.

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 on the ground of sentencing of the provisional payment order shall be considered in light of the unfavorable circumstances such as power and drinking water, etc., which were punished for the same kind of crime on or around 2008, and the fact that there is no record of punishment other than the same crime on around 2008, there is no record of punishment other than the same kind of crime, the reduction of the lodging room, and the fact that it is assumed that the drinking-water will not be driven again, 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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