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(영문) 수원지방법원 여주지원 2020.04.24 2020고단428

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 20, 2020, around 00:40, the Defendant driven a motor vehicle with an E Spo-land under the influence of alcohol concentration of about 0.206% from a distance of about 300 meters from the front of Ischeon-si B to the front of D located in Ischeon-si C.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. The application of Acts and subordinate statutes as the circumstantial statement statement and inquiry request for appraisal of a host driver;

1. Relevant Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be taken into account in an unfavorable condition, such as: (a) the time limit and reflects; (b) the fact that it does not cause harm to others; (c) the fact that it does not drive under the influence of alcohol; and (d) the fact that it is an initial offender,

In this regard, all the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character, behavior and environment, are determined as above.