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(영문) 수원지방법원 여주지원 2020.04.01 2020고단145
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On November 23, 2015, the defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act in the credit support of Suwon District Court on November 23, 2015.

At around 22:10 on November 16, 2019, the Defendant driven a DNA car while under the influence of 0.112% of blood alcohol concentration in the section of approximately 700 meters from B to C before the innju City of Gyeonggi-do.

As a result, the Defendant again driven the said car while under influence of alcohol in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report, on-site inspection report, and on-site photographs;

1. Report on detection of drinking alcohol driving, report on the situation of drinking alcohol driving, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstance of a drinking driver), and report on the results of the control of drinking alcohol driving;

1. Investigation report (official application of the Ba mark);

1. Previous convictions in judgment: An inquiry letter and application of summary order-related Acts and subordinate statutes;

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, even though he had a record of driving under influence, was driving under influence again, he had a high blood alcohol concentration at the time, and caused a heavy traffic accident during driving.

However, the defendant's drinking distance 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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