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(영문) 수원지방법원 여주지원 2020.01.13 2019고단1084
도로교통법위반(음주운전)
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

On October 8, 2018, the Defendant was issued a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act, in the credit support of the Suwon District Court.

On July 28, 2019, around 22:37, the Defendant driven a CNAS car in the state of alcohol with approximately 2 km alcohol concentration of about 0.081% from the front of the Red Ambassador distance in Mapo-gu Seoul Metropolitan Government to the front of the Gohap-gu, Mapo-gu, Seoul.

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 crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, amounts of dispositions and results confirmation reports;

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 of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the Defendant once driven a drinking alcohol again even though he/she had the record of drinking alcohol driving twice.

However, the blood alcohol concentration at the time of driving was relatively low.

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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