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(영문) 수원지방법원 2020.05.08 2019고단8436
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

1. At around 05:30 on December 8, 2019, the Defendant driven a 1.5km vehicle from the Osan City B apartment and the front roads of the C apartment to the E sales outlet located in D while under the influence of alcohol by 0.246% of blood alcohol level.

2. The Defendant, while under the influence of alcohol leveling 0.196% on the same day as Paragraph 1, driven a vehicle of 3m fsch Rexton in the Estore parking lot located in Osan City D.

Summary of Evidence

1. Defendant's legal statement;

1.(1)The application of Acts and subordinate statutes to traffic accident reports (1) actual condition surveys, reports on the occurrence of traffic accidents, reports on the results of the drinking driving control, reports on the circumstantial statements of drinking drivers, investigation reports (report on the circumstances of drinking drivers), investigation reports (report on the request for appraisal by a suspect), investigation reports (investigation into alcohol concentration at the time of driving under the influence of alcohol by a suspect prior to

1. Relevant Article of the crime, Articles 148-2 (3) 1, 44 (1) of the Road Traffic Act (the point of drinking alcohol level of at least 0.2%), Articles 148-2 (3) 2, and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol level of at least 0.08% and below 0.2%), the selection of each fine for a crime;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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 Article 334(1) recognizes the Defendant as committing the instant crime, and the fact that the Defendant is the first offender is favorable to the Defendant.

On the other hand, since the defendant's blood alcohol concentration was very high at the time of the crime of this case, the fact that it cannot be said that the traffic risk caused by the defendant is low is disadvantageous to 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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