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(영문) 수원지방법원 2020.10.16 2020고단4538
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On June 28, 2020, at around 00:55, the Defendant driven CNAS car under the influence of alcohol 0.093% in blood alcohol concentration from the distance of approximately 1.5km to the front of Suwon-si, Suwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes in terms of circumstantial statements, investigation reports, notification of the results of the control of drinking driving and the application of Acts and subordinate statutes in the numerical value of recording records of drinking of drinking drivers;

1. Relevant Article of the Act on the Crime, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of punishment, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing in the instant case is that at the time of committing the instant crime, the Defendant’s blood alcohol concentration, speech and behavior condition, and the traffic risk resulting from the Defendant was significantly high, and that the Defendant has been punished several times for traffic-related crimes including the violation of the Road Traffic Act (driving).

On the other hand, the fact that the defendant recognized the crime of this case, that the defendant was punished for the violation of the Road Traffic Act in 2002 as the crime of violation of the Road Traffic Act in 2003, and that there was no record of punishment for traffic-related crimes until the crime of this case is committed is favorable to the defendant.

Other circumstances shown in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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