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(영문) 수원지방법원 2020.05.29 2020고단511

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 8, 2020, at around 23:15, the Defendant driven C200 CGGI benz car at the 200m section of the 200m section of the 200th floor parking lot under the influence of alcohol 0.143% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, report on the circumstantial statement of a drinking driver, investigation report, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Relevant Article of the Act on the Crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) of the Criminal Procedure Act was that at the time of the instant crime, the Defendant did not have a considerable risk of causing the Defendant to drive under the influence of alcohol in light of the Defendant’s blood alcohol density, speech and behavior condition, and pedestrian condition. Ultimately, the instant crime was discovered by causing a traffic accident, and the Defendant was punished by a fine due to a drunk driving

The fact that the defendant acknowledged the crime of this case, the defendant sent a substitute engineer to drive it to the underground parking lot, which is the scene of the crime of this case, but later the crime of this case was committed, and the fact that the defendant has no record of punishment exceeding the fine is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.