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(영문) 수원지방법원 2020.11.27 2019고단7517
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 October 18, 2019, at around 03:00, the Defendant driven a DK7 car under the influence of alcohol with approximately 0.109% of blood alcohol concentration at approximately 3 km section in Suwon-si, Suwon-si, Suwon-si, Seowon-si, 2149.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. On-site survey reports, investigation reports (fields), investigation reports (in cases of the on-site situations), investigation reports (in cases of the drivers and drivers), investigation reports (in cases of the drivers and drivers), investigation reports, criminal investigation reports (in cases of the drivers and drivers), circumstantial statements of the drivers, investigation reports, investigation reports, and notification of the results of the control of drinking driving;

1. Application of on-site photographs and Acts and subordinate statutes governing drinking 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, at the time of the instant crime, the Defendant’s blood alcohol concentration, speech and behavior, and the traffic risk caused by the Defendant in light of the pedestrian condition was very high. Ultimately, the instant crime was discovered by the Defendant’s intrusioning the central line, resulting in a traffic accident leading to the collapses commercial building. The Defendant left the scene without taking necessary measures after causing the said traffic accident, resulting in a state in which the identity of the driver cannot be known, brought back to the site and taken a drinking test again. The Defendant, without considering the motive or circumstance leading to the instant crime, was disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no record of criminal punishment, and that it seems that the damage caused by the traffic accident would have been recovered to some extent is favorable to the defendant.

In addition, various 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., are taken into consideration.

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