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(영문) 수원지방법원 2020.12.10 2020고단6804
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 5, 2020, at around 08:08, the Defendant driven a DNA-type car with a blood alcohol content of about 0.040% while under the influence of alcohol at approximately 1.5 km from the roads in Suwon-si, Suwon-si, Seoul to the roads in front of the Gyeonggi-do Veterans Administration and the roads in front of the Gyeonggi-do Veterans Administration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written appraisal of the circumstantial statement of a host driver;

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

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 is that considering the risk of drinking driving to many and unspecified persons, and the purport of the amendment of the amended Act of which statutory penalty is raised, the quality of the crime is not weak.

However, in full view of the fact that the defendant is led to confession and reflect, the age, attitude, environment, developments and distance of the defendant, circumstances after the crime, etc., and various sentencing conditions shown in the arguments, the punishment shall be determined as ordered.

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