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(영문) 수원지방법원 2020.11.26 2020고단5776

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On August 15, 2020, at around 01:34, the Defendant driven a DNA car with approximately 3.5km from the front of the B commercial building in Osan City to the front road in Osan City, Osan-si, while under the influence of alcohol concentration of about 0.268%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements, investigation reports, and drinking control results to a drinking driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The higher weight of blood alcohol content at the time of the instant case, the occurrence of a single accident that is transferred to the Defendant’s vehicle, the previous and the previous circumstances favorable to the Defendant’s vehicle (However, considering that it is relatively old): The confession and reflect are made; the Defendant’s age, attitude, environment, driving background and distance, drinking volume, circumstances after the commission of the crime, etc.; the Defendant’s age, attitude, driving background and distance, drinking volume, and various conditions of sentencing as shown in the arguments, shall be comprehensively taken into account.