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(영문) 수원지방법원 2020.01.30 2019고정1361

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 19, 2019, at around 23:32, the Defendant driven C-E-E-N car while under the influence of alcohol concentration of 0.124% at the front parking lot of the B-E in Seongbuk-si.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Reports on internal affairs (the application of the Radmark formula);

1. Application of field photographs, CD 1 statutes;

1. Relevant Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the selection of fines for criminal facts;

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

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act does not reflect the reason of the provisional payment order, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the instant pleadings.