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(영문) 수원지방법원 2020.10.07 2020고정1328
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 27, 2020, at around 00:15, the Defendant driven a DNA SM6 vehicle at a section of about 500 meters from the three-lanes in Suwon-si, the area where the blood alcohol level is 0.163%, while under the influence of alcohol at around 00:15.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes, such as inquiry into the results of the drinking driving control, reporting on the circumstantial statement of a drinking driver, notification of the results of the drinking driving control, etc.;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 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 defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was driving in the state of detention. 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 defendant's criminal liability is not weak.

However, the defendant is contrary to the recognition of the crime of this case.

There is no criminal offense against the defendant beyond the same kind of offense and fine.

In addition, taking into account the various circumstances, such as the age, character and conduct, environment, motive and background of the crime, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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