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(영문) 수원지방법원평택지원 2020.08.14 2020고단357
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 8, 2020, at around 20:37, the Defendant driven a D B B-si car with a blood alcohol concentration of about 0.215% while under the influence of alcohol from about 500 meters to the front road of Pyeongtaek-si Bael parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Video data from CCTVs in the telecom parking lot;

1. The circumstantial report on the driving of a driver, the circumstantial statement of the driver, and the investigation report (the circumstantial report of the driver);

1. Application of Acts and subordinate statutes notifying the results of drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

Circumstances unfavorable: The circumstances that are advantageous to the fact that there was a substantial danger due to the operation in light of the process of detection and the degree of blood alcohol concentration at the time: The fact that the crime is recognized and reflected, and the first crime is the first crime.

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