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(영문) 수원지방법원 여주지원 2020.03.27 2020고단155
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 May 26, 2008, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court.

On December 30, 2019, at around 19:58, the Defendant driven a F rocketing car with a blood alcohol concentration of about 0.062% from the 30-meter section from the front of the C cafeteria located in Ischeon-si B to the Escer in Escer in Ischeon-si D.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of a summary order under Acts and subordinate statutes; and

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) 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 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 it is true that time and reflects, not re-offending, and that there is no punishment for the same kind of crime after around 2008, etc. shall be considered as favorable circumstances.

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.

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