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(영문) 수원지방법원여주지원 2020.08.12 2020고단687
도로교통법위반(음주운전)
Text

The defendant shall be punished by a fine of 6 million won. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 15, 2015, the defendant had a record of being punished by a fine of 1.5 million won for a violation of the Road Traffic Act in the credit support of the Suwon District Court.

around 22:14 May 2, 2020, the Defendant driven a F Poter Cargo with about 1km section from the front road of the “C” located in the Bupyeong-si Seocheon-si B to the front road of the “E” located in the same city D, approximately 0.122% of blood alcohol concentration.

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

Summary of Evidence

1. The defendant's legal statement, inquiry into the result of the drinking driving control, the circumstantial statement of the drinking driver, the investigation report, and the report on the situation of the drinking driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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, even though he/she had a record of drinking driving, once he/she drives alcohol again, and the blood alcohol concentration at the time was considerably high.

However, the defendant's drinking distance was shorter.

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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