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(영문) 수원지방법원 여주지원 2019.09.23 2019고단668
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 9, 2018, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the credit support of the Suwon District Court.

Nevertheless, around 23:00 on June 25, 2019, the Defendant driven CK3 car under the influence of alcohol 0.068% in a 1km section from the front of the Gyeonggi-si, Gyeonggi-do to the Gacheon-si Sacheon-si Sacheon-si Sacheon-si, the Defendant driven CK3 car under the influence of alcohol 0.06%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the situation of drinking driving, report on the situation of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Photographs of suspect drinking;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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) 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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, once driving under the influence of alcohol in 2017, again driving under the influence of alcohol even though he had the record of punishment.

However, at the time of the instant case, the blood alcohol concentration was relatively low.

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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