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(영문) 수원지방법원 평택지원 2019.11.29 2019고단1023
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 27, 2018, the Defendant was issued a summary order of KRW 2 million for the crime of driving under the Road Traffic Act at the Suwon District Court's Eunpyeong site.

On July 1, 2019, at around 05:00, the Defendant driven a BM7 car under the influence of alcohol with a blood alcohol concentration of about 0.047% from the 1 Km section to the front side of the BJ in the direction of the BM7, from the roads adjacent to the BJ, to the roads adjacent to the BJP. B.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to criminal records, inquiry 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 grounds for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order include the drinking alcohol level in the instant case, and the circumstances leading up to the Defendant’s driving of drinking alcohol (in light of control time and drinking alcohol level), the criminal records of the Defendant’s same kind of crime (one time before and after the same kind of fine), and other various sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character and conduct, and environment, shall be determined as per the disposition.

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