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(영문) 수원지방법원 2020.09.25 2020고단5358
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On July 28, 2020, at around 23:45, the Defendant driven a F K7 car under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.208% from the parking lot of the first floor of the B apartment Cdong to the E zone front road located in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification and output of the results of the drinking driving control, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 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 of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant was a drunk driver, and the nature of the crime is not that of the defendant's drunk driver, but that of the blood alcohol concentration due to drinking in this case is very high.

In light of the fact that the defendant was placed on a sidewalk in the course of drinking driving of this case, the risk of driving of this case seems to have not been significant.

However, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant recognized the instant crime and divided his mistake; (b) the Defendant was the primary offender; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; (d) means and consequence of the crime; and (e) the conditions of sentencing indicated in the record, such as the circumstances

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