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(영문) 수원지방법원 2020.11.12 2020고단3797
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

around 13:20 on May 30, 2020, the Defendant driven an ENAS car in the state of alcohol alcohol concentration of about 0.228% at the section of about 3 km from the front of the C in Sung-si to the front of the D in Yong-si, Young-si, Gi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, and the control of drinking alcohol;

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 has a record of being punished by a fine for driving under the influence of alcohol, and the blood alcohol concentration level at the time of the instant case was very high. Considering the risk of the occurrence of the accident and the purport of the amendment of the amended Act of which statutory penalty is raised, the liability for the crime is not easy.

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

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