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(영문) 수원지방법원 성남지원 2020.02.11 2019고단2690
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

Around 01:20 on October 9, 2019, the Defendant driven an Estststa car at approximately 1 km from the front road of Sungnam-gu Seoul Metropolitan Area B apartment on the roads of the same Gu as the blood alcohol concentration of 0.239%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, a written appraisal of blood alcohol, and a review of the results of crackdown on drinking driving (38 pages of investigation records);

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant driven a car under the influence of 0.239% of blood alcohol concentration.

It shall be taken into account the fact that there is no record of criminal punishment, in addition to the previous convictions of fines on two occasions due to the crime of double-class crime, and other circumstances such as the age, character and conduct, environment, motive, means and consequence of the crime, etc. of the defendant, the punishment as ordered shall be determined in consideration of the following circumstances.

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