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(영문) 수원지방법원 안산지원 2020.04.08 2020고단397

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 December 2, 2019, around 06:59, the Defendant driven an Ew125 motorcycle in the state of alcohol 0.390% of blood alcohol concentration at a section of about 3 km from the front of the Yagu Yagu, Ansan-si B apartment neighboring convenience stores in Ansan-si to the front of the Masan-si, Ansan-si, the Defendant driven a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, accident scene, photographic images of video recording images of DNA external CCTV, etc.;

1. Application of the statutes on response to 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is very high in blood alcohol concentration (in the case of blood appraisal, it appears that the blood alcohol concentration is very high in comparison with the Defendant’s drinking quantity), and the risk of the act is high in light of the circumstances surrounding the accident. In light of the circumstance of the accident, it seems that the accident was serious after the accident, such as collecting blood due to being treated at the patient’s room after the traffic accident and being unable to breathe, and thus, collecting blood due to the impossibility of breathesis. The other party to the accident seems to have no particular distinction, and the other party to the accident does not want to be punished by the Defendant. The first offender and his/her mistake are against his/her depth.