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(영문) 수원지방법원 여주지원 2013.05.20 2013고단234
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 10, 2012, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act at the credit support of the Suwon District Court on September 10, 2012, and such summary order became final and conclusive on November 7, 2012, and on November 16, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Road Traffic Act at the credit support of the Suwon District Court on November 16, 2012, and the said judgment became final and conclusive on November 24, 2012.

On March 7, 2013, at around 21:09, the Defendant driven a DNA motor vehicle with a blood alcohol level of 0.063% under the influence of alcohol level of about 2 km from around the restaurant located in the Gancheon-si, Seocheon-si to the following: (a) the Defendant was under the influence of alcohol level of about 0.063% in the area of approximately 2km.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. (A), investigation reports (a copy of judgment, etc.);

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 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 provisional payment order commits again the instant crime, even though the Defendant was under suspension of execution due to the crime of violating the Road Traffic Act (driving). The Defendant committed three times during a short period from April 29, 2012 to the instant crime, which is disadvantageous to the Defendant, or the fact that the Defendant committed the instant blood alcohol level is not high, or the instant blood alcohol level is not high, and the previous suspended sentence overlaps with the forgery of private signature in addition to the drinking driving, and the Defendant would not repeat again.

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