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(영문) 수원지방법원 여주지원 2020.03.25 2020고단95
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

[Criminal Power] On May 17, 2018, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the branch court of Suwon District Court on May 17, 2018.

【Criminal Facts】

On December 18, 2019, at around 00:05, the Defendant driven D SP car from about 3 km away from the 0.089% alcohol concentration to the 0.089% on the roads adjacent to Suwon-si B building in Suwon-si to the front road of the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of a drinking driver, investigation report, notification of the results of the control of drinking driving and records of drinking alcohol keeping;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes related to the same type of suspect records;

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 alcohol driving, re-driving

However, the distance of drinking driving 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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