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(영문) 수원지방법원 안산지원 2020.06.25 2020고정318
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 16, 2020, at around 01:05, the Defendant driven a vehicle with the distance of about 3,000 from B B in Ansan-gu, Ansan-si to the delivery adjacent to the road, while under the influence of alcohol of 0.082% of blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of statutes on site photographs;

1. Relevant Acts concerning facts constituting an offense and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act which choose a penalty;

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. Taking into account the risks inherent in the judgment of sentencing under Article 334(1) of the Criminal Procedure Act, the degree of blood alcohol level of the defendant, the degree of drunk driving, the defendant's primary offender, the circumstances of driving and the place of parking, etc., taking into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and various factors of sentencing including circumstances after the crime, etc., the sentence shall be determined as per the disposition.

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