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(영문) 전주지방법원 2020.05.12 2019고단1349
도로교통법위반(음주운전)
Text

The sentence against the accused shall be determined by a fine of eight million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 5, 2019, at around 22:30, the suspect driven the Espo vehicle under the influence of alcohol concentration of 0.231% from the 300-meter section from the front of the C Bank located in the Yansan-gu Seoul Metropolitan City to the front of the D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to notify the results of the practical survey report, on-site and vehicle photographs, and the control of drinking driving;

1. Article 148-2(2)1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) regarding the relevant criminal facts and Article 148-2(3)1 of the Bill of Indictment (formerly) of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201) concerning the selection of a sentence

Article 44(1)(Selection of Fine)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Fines of 5 million won to 10 million won in the scope of punishment by law; and

2. Determination of sentence, taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime, the sentence as ordered.

Unfavorable circumstances - The defendant's blood alcohol concentration is very high at the time of committing the instant crime.

- The Defendant, while driving under the influence of alcohol, committed a central line and brought about a traffic accident, and the risk of committing the crime was very serious.

The defendant is a first offender who has no record of criminal punishment.

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