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(영문) 수원지방법원 2020.11.18 2020고정1192
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 9, 2020, at around 02:15, the Defendant driven B Kanche vehicle at approximately 2 km section from the time of the return and return of the same time from 0.126% of blood alcohol concentration to the next road at the same time from the time of the return and return 3-ro 61 leaf new leaf 61,000 to the next road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control results of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 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 Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, was driving in the state of detention and shocked on the wall of the dives of underground streets.

Considering the risk of drinking driving to many unspecified persons and the purport of the amendment of the law raised by statutory penalty, the criminal liability of the accused is not weak.

However, the defendant is contrary to the recognition of the crime of this case.

No criminal defendant shall be subject to a suspended sentence of imprisonment.

The defendant desires to live in a line on the grounds of economic difficulties.

In addition, taking into account the various circumstances, such as the age, character and conduct, environment, motive and background of the crime, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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