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(영문) 수원지방법원 여주지원 2020.04.27 2020고단289
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 July 20, 2017, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving) in the branch court of Suwon District Court.

【Criminal Facts】

On February 25, 2020, at around 00:25, the Defendant driven a DSS5 car while under the influence of alcohol content of 0.162% at the section of approximately 500 meters of “C Council members” in Echeon-si B.

Accordingly, the defendant violated the prohibition of drinking driving more 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 statements 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 of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was very high.

However, the defendant's drinking distance is relatively 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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