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(영문) 수원지방법원 2020.07.23 2020고단2269
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On March 23, 2020, at around 23:45, the Defendant driven Csch Rexroth car under the influence of alcohol concentration of about 0.079% from the section of approximately 2 km to the front road of the Suchip in Suwon-si, Suchip, Suwon-si, the “Bachip Street” to the front road of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the results of pulmonology measurement, report on the statement of the state of a drinking driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 3 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that considering the risk of drinking driving to many and unspecified persons, and the purport of the amendment of the amended Act of which statutory penalty is raised, the quality of the crime is not weak.

However, taking into account the fact that the defendant is led to confession and reflect, and that there is no criminal record yet exceeding the fine due to the same kind of crime, and other various sentencing conditions shown in the records and arguments, such as the age, attitude, environment, developments and distance of the defendant, circumstances after the crime, etc., shall be determined in the same manner as the order.

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