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(영문) 수원지방법원 여주지원 2020.01.06 2019고단1056
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On July 25, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act in the branch court of Suwon District Court.

【Criminal Facts】

On October 14, 2019, at around 03:37, the Defendant driven D Cor or a car while under the influence of alcohol with approximately 0.5 km alcohol concentration of about 0.078% from the front road of the East Sea of Gangwon-do to the front road of the same Simomoto.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification on the control results of drinking driving and the report on the situation of drinking driving;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant driven a drinking alcohol even though he/she had a record of drinking driving.

However, the blood alcohol concentration at the time of crime was relatively low, and the drinking driving section is relatively short.

In addition, the defendant's drinking driving force is 10 years prior to 10 years.

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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