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(영문) 수원지방법원 여주지원 2019.10.14 2019고단732
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On October 2, 2018, the Defendant was issued a summary order of a fine of KRW 3 million for the crime of violating the Road Traffic Act in the Chungcheong District Court.

Nevertheless, at around 00:00 on July 19, 2019, the Defendant driven C rocketing car under the influence of alcohol of 2 km alcohol concentration of 0.118% from the Do in front of the heart 1-ro, Nam-gu, Sinju City to the front of B innju City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of drinking control results;

1. The statement of circumstances and investigation reports on the drivers of ratss, drivers, and the report on the status of the driving of alcohol;

1. Reports on internal investigation (on the spot conditions and the statement of the suspected person), photographs;

1. Previous convictions indicated in judgment: Criminal records, previous records and results of confirmation of dispositions, and application of Acts and subordinate statutes attached to summary orders;

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 order of provisional payment is that the Defendant once driven alcohol again even though he had the record of drinking alcohol twice, and the blood alcohol concentration at the time of committing the crime was relatively high.

However, the distance of drinking driving was 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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