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(영문) 수원지방법원 2020.05.14 2020고단517

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 January 10, 2020, at around 21:38, the Defendant driven a DNA liquid car with a blood alcohol concentration of about 0.239% in the section of about 500 meters from the front of Suwon-si, Suwon-si B, to the front of the same Gu C, while under the influence of alcohol level of about 500 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the regulations governing 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. From June 25, 2019, the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was to strengthen the penal provision for drinking driving since June 25, 2019, and the Defendant engaged in drinking driving of this case only through the media, etc., and there is a need to impose severe punishment in that the Defendant’s blood alcohol concentration is very high at the time of driving.

However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and other circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the punishment as ordered, shall be determined by taking into account the various circumstances that form the conditions of sentencing as shown in the record, such as the circumstances after the