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(영문) 수원지방법원 2020.11.05 2020고정1494
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 15, 2020, the Defendant driven a D vehicle under the influence of alcohol by 0.086% in a section of approximately 4.5km from the roads near Suwon-si, Suwon-si, Seoul-si, and from the roads near the “Pachipy Welfare Center” to the roads near Suwon-si, Suwon-si, and from the roads in front of Suwon-si B and C, the Defendant driven a D vehicle under the influence of alcohol by 0.086% in blood alcohol concentration.

Summary of Evidence

1. Report on the circumstances of the driving of the defendant's oral statements;

1. Notification of the results of the crackdown on drinking driving (electronicized documents) and the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to investigation reports on the circumstantial statement of a host driver (electronic documents) to the host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The application of Article 334(1) of the Criminal Procedure Act to the provisional payment order recognizes the Defendant’s mistake, and the fact that there was no record of punishment for the same kind of crime prior to the commission of the instant crime, etc. In addition, the punishment determined by the summary order shall be reduced by taking into account the Defendant’s blood alcohol concentration at the time of driving the instant crime, equity in sentencing with similar cases, etc.

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