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(영문) 수원지방법원 2020.10.29 2020고단5656

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

At around 06:53 on July 16, 2020, the Defendant driven a fwing 3 truck under the influence of alcohol level of 0.147% at a section of about 5km from the front side of the restaurant “C” located in Young-gu, Young-si B to the front side of the restaurant located in the same Sinung-gu D from around 5km to the front side of the restaurant located in the same Sinung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, notification on the results of drinking control, and application of Acts and subordinate statutes governing drinking measurement results;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that considering the risk of drinking driving to many and unspecified persons, and the purport of the amendment of the amended Act of which statutory penalty is raised, the quality of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, and that there is no previous conviction in excess of the fine yet, the punishment shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, background and distance of driving, and circumstances after the crime.