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(영문) 수원지방법원 여주지원 2019.08.09 2019고단489
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 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 November 20, 2006, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the credit branch of Suwon District Court on November 20, 2006. On March 24, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) from the Sungnam branch of Suwon District Court on March 24, 2008.

On May 5, 2019, around 03:35, the Defendant driven a FNAS car in the 3km section from “C” located in Northern-gu, Northern-si B at Port, to “EP” located in North-gu, Northern-si, North Korea-si, and the Defendant driven a FNAS car while under the influence of alcohol of about 0.068% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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

1. Application of Acts and subordinate statutes to investigation reports (the confirmation of the relationship between a third-party driver and a third-party driver's license at least twice);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The records of three times of punishment for the same kind of crime for sentencing under Article 334(1) of the Criminal Procedure Act shall be considered in consideration of unfavorable circumstances, such as the fact that there is no record of punishment after around 2008, that there is no record of punishment after 2008.

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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