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(영문) 수원지방법원 여주지원 2020.02.07 2019고단1352
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 October 15, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the leisure branch of Suwon District Court.

On December 14, 2019, at around 20:54, the Defendant driven a DNA car under the influence of alcohol with approximately 1k alcohol concentration of about 0.067% from the 1k section to the roads in the same city “C” located in Emp, Emp car on the roads near Emp, Emp street, Emp car, Emp car, which is located in Emp, Emp.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written circumstantial statement and summary order of a host driver;

1. Relevant provisions of Article 148-2 (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. The same criminal records of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be taken into account in an unfavorable circumstance, but the fact that the time is human and reflect, and the fact that the drinking driving is not allowed shall be taken into consideration 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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