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(영문) 수원지방법원 여주지원 2019.10.11 2019고단882
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five 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 December 5, 2006, the Defendant was issued a summary order of 2.5 million won by a fine for the violation of the Road Traffic Act, etc. at the Suwon District Court’s Eunpyeong site site.

On August 31, 2019, at around 20:57, the Defendant driven Cro-car while under the influence of alcohol concentration of 0.122% in a section of approximately 200 meters of alcohol on the front of the road at Friju.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to the investigation report (same-class power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the records of punishment for driving under influence or refusing to measure drinking around 2006, taking into account the unfavorable circumstances such as drinking water in this case, but the time limit and reflects, and the fact that there was no punishment for the same kind of crime after around 2006.

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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