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(영문) 수원지방법원 2020.01.09 2019고단5929
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 17, 2019, the Defendant was under the influence of alcohol of 0.202% of blood alcohol concentration on September 17, 2019, and the Defendant driven an E K5 vehicle at the front of the Da elementary school located in G, G, and in the direction of about 400 meters in front of the same Gu on the roads located in the G, G, and Dong-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements, investigation reports, and results of the regulation of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 [the scope of sentencing] The defendant driving a fine of KRW 10 million from KRW 20 million to KRW 20 million (the decision of sentencing] while driving the vehicle in full and resulting in the risk of the occurrence of an accident. In light of the purport of the amendment of the amended Act of which the statutory penalty is raised, the nature of the crime is not weak.

However, considering the fact that the defendant is led to confession and reflect, that there is no previous conviction, and that there is no previous conviction in excess of the fine, the punishment shall be determined as ordered by taking into account the following factors: the age, attitude, environment, developments and distance of the defendant, circumstances after the crime, etc., and various sentencing conditions as shown in the records and arguments.

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