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(영문) 수원지방법원 성남지원 2020.02.18 2019고단2506

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On September 26, 2019, the Defendant, while under the influence of alcohol around 0.248% of blood alcohol concentration on September 26, 2019, driven a franchising car at a section of about 4 km to the front road of the E University located in D located in the same Gu, Sungnam-gu, Sungnam-si, “C” on the road located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a drinking driver report on the circumstantial statement, and the results of crackdown on drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant driven a car under the influence of 0.248% of blood alcohol concentration.

It shall be considered as the main situation, and the defendant's attitude to recognize and reflect the defendant's mistake, the defendant has no record of criminal punishment, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined as the sentence as ordered in consideration of the overall circumstances, such as the circumstances after the crime.