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(영문) 수원지방법원 여주지원 2020.04.13 2020고단124
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On March 7, 2019, the Defendant was ordered to suspend indictment for a violation of the Road Traffic Act at the jurisdiction of the Suwon District Prosecutors' Office within the jurisdiction of the Suwon District Prosecutors' Office.

【Criminal Facts】

On November 28, 2019, at around 00:19, the Defendant driven a Fco or car from around 200 meters at a distance of about 200 meters from a nearby public parking lot in Ischeon-si B to E-road located in Ischeon-si D with a blood alcohol level of 0.125% without obtaining a driving license.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the situation of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (related to suspect drinking records);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant once again driven a license without drinking alcohol even though he/she had a record of driving alcohol, and at the same time, the blood alcohol concentration was relatively high.

However, the distance of drinking driving is 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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