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(영문) 수원지방법원 여주지원 2019.11.25 2019고단901
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 14, 2011, the Defendant was sentenced to a fine of KRW 4 million by the Daejeon District Court for a violation of the Road Traffic Act.

At around 19:20 on August 23, 2019, the Defendant driven a car with fal-hon from approximately 10 meters away from the front side of the “C” located in Ischeon-si B to the front road of the “E” located in D in the same city, under the influence of alcohol content of 0.154%.

Accordingly, the defendant was driving under drinking not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A traffic accident report (1) (2);

1. Report on detection of drunk driving, report on the situation of drunk driving, inquiry into the results of crackdown on drunk drivers, report on the circumstantial statements of drunk drivers, and report on investigation of drunk drivers;

1. On-site map of a traffic accident;

1. Initial, on-site photographs, on-site inspection photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 led to the occurrence of an accident caused by the Defendant while driving alcohol again three times, while driving alcohol again. As such, the degree of blood alcohol concentration at the time of driving was very high, the liability for the crime is not easy.

However, the distance of the defendant's drinking driving is short, and the defendant's drinking driving force is 8 years prior to all.

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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