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(영문) 수원지방법원 2020.11.27 2020고단5278
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 13, 2020, at around 13:06, the Defendant driven B Bbeer or car under the influence of alcohol content of approximately 0.207% in the section of about 1km from the road near the intersection road in Suwon-si, Suwon-si, to the filial length of Suwon-si 172.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared by C related to a traffic accident;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving, report on the circumstantial statements of drinking drivers, and investigation reports (report on the circumstances of drinking drivers);

1. Application of the Acts and subordinate statutes governing the closure of an accident site photograph, image materials screen - front and rear bank, and photographs submitted by an insurance company;

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 with respect to the sentencing of the instant crime was that at the time of the instant crime, the Defendant’s blood alcohol concentration, the speech and behavior condition, and the traffic risk resulting from the Defendant was significantly high, and that there was no motive or circumstance to take into account the commission of the instant crime is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case 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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