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(영문) 수원지방법원 2021.02.04 2020고단6563
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 13, 2020, the Defendant driven a vehicle Ei30m-car from the parking lot located in E in E in E in E in a grified City with a maximum of 0.195% alcohol level from Sep. 13, 2020 to the road adjacent to D building at around 14:47 on the same day.

2. Although the Defendant had the power of regulating drinking as above, he driven a vehicle Ei30m from the roads adjacent to the building in etern City D to C while under the influence of alcohol leveling 0.176% at around September 13, 2020, while under the influence of alcohol leveling around 20:43 on September 13, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol;

1. Application of Acts and subordinate statutes to a statement report on the situation of a driver placed at each week;

1. Relevant Article 148-2 (3) 2, Article 44(1) (which means driving under the influence of alcohol as stated in the judgment) of the Road Traffic Act concerning criminal facts, Articles 148-2 (1) and 44(1) of the Road Traffic Act (which means driving under the influence of alcohol as stated in the judgment), and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as shown in the judgment of the defendant, as stated in the judgment of the court below, that the driving of drinking alcohol was controlled as stated in paragraph (1) of the same Article, and the nature of the crime is not good, and that the degree of alcohol concentration in blood is high, etc., which are disadvantageous to the defendant. On the other hand, the fact that the defendant acknowledged the crime, the traffic accident did not occur, and the fact that there was no criminal record prior to the instant case, shall be considered as favorable to the defendant, and all other sentencing conditions stated in the records of the instant case shall be considered as ordered.

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