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(영문) 수원지방법원 여주지원 2019.09.20 2019고단758
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 6, 2008, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on November 6, 2008. On August 19, 201, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on August 19, 201. On November 29, 201, the Defendant issued a summary order of a fine of five million won for a violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on November 29, 201. On June 10, 201, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of the Road Traffic Act at the Sungnam Branch Branch of Suwon District Court on June 10, 201.

On July 14, 2019, at around 10:57, the Defendant driven a DNA cruise car while under the influence of alcohol content of about 0.059% from the Do in front of the building B in Echeon-si to the underground parking lot of the building C in Echeon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Response to the request for appraisal;

1. Application of statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 53 and 55 (1) 3 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 fact that several penalties have been imposed for the same kind of crime with the sentencing reason under Article 334(1) of the Criminal Procedure Act shall be considered disadvantageous circumstances.

The following shall be considered in light of favorable circumstances: (a) the fact that the drinking water in this case seems to have led to the drinking water in this case, even if the drinking water in this case was locked after the previous drinking; and (b) the fact that the drinking water in this case was locked after drinking.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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