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(영문) 수원지방법원 2021.03.30 2020고정1717
도로교통법위반(음주운전)
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On July 24, 2020, the Defendant, while under the influence of alcohol level of 0.167% from blood alcohol level around 22:00, driven a vehicle with approximately KRW 1m 2m price as DMW vehicle before and after driving within the “C parking lot” located in Suwon-si B, Suwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to voluntary accompanying reports, internal investigation reports, statement reports on the circumstances of drivers at home, and investigation reports (report on the circumstances of drivers at home, investigation into black stuff images).

1. Relevant Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, the selection of a fine concerning facts constituting an offense, and the selection of a fine;

1. A fine of seven million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the suspended sentence (1) of the Criminal Act (i.e., the Defendant, at the time of the instant case, parked too close to the front side of the said man’s vehicle, and thus, the Defendant’s vehicle was parked so far as the Defendant’s vehicle is under drinking condition while refusing it first, and thus, the Defendant requested to change the vehicle until the said time. However, even thereafter, the Defendant was parked in the original place by driving a vehicle at approximately one meter away from the person following the strong demand that the vehicle be moved to the front place. As such, there is a circumstance that may give special favorable consideration to the motive and circumstances, ② The Defendant would not drive a vehicle in any case while putting the vehicle in depth and again putting the vehicle into drinking.

(3) Considerations such as having no criminal history against the defendant

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