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(영문) 수원지방법원 여주지원 2019.09.09 2019고단611
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 October 18, 2004, the Defendant issued a summary order of KRW 700,000 for a fine of KRW 500,000 for a violation of the Road Traffic Act at the Gangseo-gu District Court of Suwon District on the ground of a violation of the Road Traffic Act (driving). On October 8, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the Sung-nam Branch of Suwon District Court of Suwon District on the ground of a violation of the Road Traffic Act, and on February 5, 2013, the Defendant issued a summary order of KRW 4 million for a fine of KRW 5,000 for a violation of the Road Traffic Act

【Criminal Facts】

On July 3, 2019, at around 22:10, the Defendant driven an E E E-cub vehicle with a section of about 50 meters from the front of the B Apartmentdong to the front road of the same apartment D-dong, under the influence of alcohol concentration of 0.173%.

Accordingly, even though the Defendant had a history of violating the prohibition of drunk driving, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on the state of the state of the operation of a motor vehicle, and a report on the state of the operation of a motor vehicle;

1. On-site photographs;

1. A photographic photofafics and accident video CDs;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of 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 under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant, after driving under the influence of alcohol and driving under the influence of alcohol again three times, had a significant high blood alcohol concentration at the time.

However, the defendant was driving a vehicle to park after moving the vehicle to the front of his residence after drinking, so the risk of drinking driving was relatively low.

All these circumstances, including the age, character, and environment of the defendant, and circumstances after the crime.

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