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(영문) 수원지방법원 2020.04.10 2019고단8034
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 December 14, 2019, at around 23:16, the Defendant driven C-car at a section of about 5 km from the road in front of the 1 North square of the same coal that is located in the G-si return 0.212% of alcohol concentration under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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's blood alcohol concentration was significantly high at the time of the crime of this case and the distance of driving is not shorter than that of the defendant's disadvantage.

On the other hand, the fact that the defendant recognized the crime of this case and expressed his intention not to repeat the crime of this case, that it is the first offender, and that the defendant's will have the prior wife is favorable to 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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