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(영문) 수원지방법원 여주지원 2019.09.06 2019고단729
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 April 23, 2009, the defendant was issued a summary order of KRW 1 million as a crime of violating the high-speed traffic law (driving) in the leisure court of Suwon District Court on April 23, 2009.

On July 21, 2019, the Defendant driven an E Lasta car under the influence of alcohol with 0.8km alcohol concentration of 0.056% from the front day of the B apartment house in Innju City to the front day of the D innju City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Application of Acts and subordinate statutes, such as 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 same criminal records of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be considered in consideration of unfavorable circumstances, and the fact that there is no other criminal records except the punishment imposed once on the same kind of crime, shall be considered in light of favorable circumstances.

In this regard, all the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, drinking distance, driving distance, etc., are reviewed as above.

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