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(영문) 수원지방법원 2020.05.22 2020고단345
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 27, 2019, at around 19:57, the Defendant driven a motor vehicle D while under the influence of alcohol concentration of about 0.201% from a distance of approximately onem in the C parking lot located in Sung-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the situation of the driver's license and statement, reports on the results of the crackdown on drinking driving, and investigation reports (report on the circumstances of the driver'

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant was punished by a fine for drinking driving in 2005, but again committed the instant crime. The Defendant’s blood alcohol concentration, speech condition, and walking condition at the time of the instant crime are disadvantageous to the Defendant.

There is no record of criminal punishment against the defendant exceeding the fine, and there is no record of criminal punishment for about 14 years since the punishment was imposed in 2005 until the crime of this case is committed in favor of the defendant.

Other factors of sentencing indicated 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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