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(영문) 수원지방법원 2020.07.23 2020고단2273

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 March 26, 2020, at around 01:10, the Defendant driven a D-hurd-purt-pured vehicle from the front way of “C” in Ssung City B to the leaf new underground car in Ssung City return Do. From approximately 2.4mmm to the low-water mark-purbing 0.236% of blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing inquiry reports on circumstantial statements of drivers (specific distance on suspect driving) and requests for appraisal;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant is the primary offender, that the blood alcohol concentration of the defendant stated in the criminal facts is somewhat high as a result of blood appraisal, and other various circumstances, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., which are the conditions of sentencing as shown in the records, such as the circumstances after the crime, etc., the punishment as ordered shall be