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(영문) 수원지방법원 2021.02.04 2020고단8111

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On November 6, 2020, the Defendant driven a Cstoke car under the influence of alcohol content of about 7 km from the 435 km road near the water station, the Gu Office, and from the 7km section around the Heung-gu, the Gstoke car under the influence of alcohol content of about 0.205%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the detailed statement report on the situation of a driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), and the results

1. Relevant Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order was that the Defendant driven in a state with a very high alcohol concentration in blood, thereby causing an accident. Considering the purport of the amendment of the amended law whose statutory penalty is raised, the nature of the crime is not easy.

However, considering the fact that the defendant is led to the confession and reflect of the defendant, the first offender, and the fact that the accident does not lead to the accident, other factors such as the age, attitude, environment, driving background and distance of the defendant, and circumstances after the crime are considered, the punishment as ordered shall be determined in full view of various sentencing conditions shown in the records and arguments.