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(영문) 수원지방법원 2020.11.20 2020고단4779
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

On July 1, 2020, at around 22:10, the Defendant driven a car with C Sti-type under the influence of alcohol leveling 0.207% from the 5km section of approximately 5km from the roads near the Seocho-si bus terminal, which is in the sphere of Suwon-si, Suwon-si, to the front side of the same Gu B apartment zone.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, traffic accident occurrence report, record keeping of drinking record, notification on the results of the control of drinking driving, circumstantial statements of drinking drivers, and investigation report (report on the status of drinking drivers);

1. Application of Acts and subordinate statutes on accident site and accident vehicle photographs;

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) of the Criminal Procedure Act reveals that at the time of the instant crime, the Defendant’s blood alcohol concentration, speech and behavior condition, and traffic risk resulting from the Defendant was very high, and ultimately, the Defendant’s occurrence of a traffic

On the other hand, the fact that the defendant recognizes the crime of this case, disposes of the vehicle used for the crime of this case, etc., and that the defendant does not have any record of criminal punishment is favorable to the defendant.

Other circumstances shown 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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