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(영문) 수원지방법원 2020.09.24 2020고단3893
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

At around 22:30 on March 29, 2020, the Defendant driven a car with about 10 meters of CKaman on the front side of Osan City, Osan-si, while under the influence of alcohol 0.209% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statement, investigation report, and control 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 of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order, even though the defendant had a record of being punished by a fine on one occasion due to a drunk driving, he/she also driven the instant drinking vehicle and caused the contact accident.

A short distance for mobile parking was driven.

Even if the 7 years of age was accompanied by the 7 years of age, and the blood alcohol concentration of the defendant was very high, so the risk of the accident was not high, and the possibility of criticism is high.

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 shall be determined as ordered by taking into account the following factors: the defendant's age, attitude, environment, blood alcohol concentration, damage recovery, circumstances after the crime, etc., and various sentencing conditions specified in the records and arguments.

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