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(영문) 수원지방법원 2020.06.19 2020고단1154
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

At around 00:50 on January 19, 2020, the Defendant driven a B-to-land under the influence of alcohol concentration of 0.203% from the viewing of water sources in the Suwon-si transfer-to-si to the front side of approximately 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, such as the circumstantial statement, investigation report, notification of the results of the drinking driving control and measurement records, reply statement on the request for appraisal, and written appraisal of blood alcohol;

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 of Article 334(1) of the Criminal Procedure Act on the ground that the defendant's blood alcohol concentration at the time of the instant crime appears to have high level at the time of the instant crime, and thus, the risk of traffic caused by the defendant is disadvantageous to the defendant.

On the other hand, the defendant appears to have the attitude of recognizing and opposing the crime of this case, and there is room to consider the circumstances leading to the crime of this case, and the first offender 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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