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(영문) 수원지방법원 2020.09.10 2020고단3803

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On 31, 2020, at around 04:29, the Defendant driven a Dsp motor vehicle under the influence of alcohol content of about 0.118% from a distance of about 3 km from the front day of Suwon-si, Suwon-si to the border day of Suwon-si, Suwon-si to about 823km-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the place of notification of the results of drinking driving control, and the place of respiratory measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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 provisional payment order is that the defendant is driving under drinking, and considering the risk of drinking driving to many and unspecified persons, and the purport of the amendment of the amended Act of which statutory penalty is raised, the nature of the crime is not easy.

Provided, That the punishment shall be determined as ordered by taking into account the following factors: the defendant's confession and reflect, his/her age, attitude, environment, driving circumstances, distance, circumstances after the crime, etc., and various sentencing conditions shown in the pleading.