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(영문) 수원지방법원 여주지원 2020.06.19 2020고단563
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 January 2, 2012, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act in the credit branch of Suwon District Court.

On April 20, 2020, at around 22:57, the Defendant driven a F Spke car in the state of alcohol alcohol concentration of about 0.073% in the section of approximately 1km from the front of C in Gyeonggi-gu, Gyeonggi-do to the front of Ethical road D.

Summary of Evidence

Defendant’s legal statement

1. Application of the Acts and subordinate statutes to the main driver’s report on circumstantial statements, inquiry report, and investigation report (same-class electric power);

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 as favorable circumstances, such as: (a) the time and reflects against the disadvantage; (b) the fact that a person does not drive under the influence of alcohol again; and (c) the fact that there is no other criminal records than those subject to punishment for the same kind of crime around 2012.

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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