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(영문) 수원지방법원 2020.05.22 2020고단322
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

At around 00:55 on December 2, 2019, the Defendant driven an E rocketing car at approximately 300 meters in front of D at the same time as D, while under the influence of alcohol with 0.23% of blood alcohol level 0.23%.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation reports (with respect to the drinking alcohol level at the time when the suspect was involved in the Radmark form and the accident), traffic accident reports (1), reports on the occurrence of traffic accidents, report on the circumstances of the drinking driver, report on the investigation, report on the investigation (report on the circumstances of the drinking driver), and application of Acts and subordinate statutes governing the alcohol appraisal

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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) is that the Defendant’s blood alcohol density or speech condition at the time of committing the instant crime is high in traffic risk resulting from multiple traffic accidents, and that the Defendant’s detection of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case, the personal damage did not occur due to the traffic accident caused by the defendant, and the physical damage seems to have been restored by the comprehensive motor vehicle insurance, and the first offender is the favorable condition for 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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