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(영문) 수원지방법원 2020.05.29 2020고단678
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 23, 2019, the Defendant was under the influence of alcohol of 0.115% with blood alcohol concentration around 23:53 on December 23, 2019, and the Defendant driven D rocketing car at approximately approximately 200 meters from the roads near Suwon-gu B apartment at Suwon-si to the underground parking lot of the same Gu C apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, reports on the circumstantial statements of the drinking driver, investigation reports, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to photographs of the scene of the accident, on-site photographs, and on-site photographs;

1. Relevant Article of the Act on the Crime, Articles 148-2 (3) 2 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 defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was discovered by causing multiple traffic accidents and thus the crime of this case was discovered, and the defendant did not have a considerable risk of traffic causing.

On the other hand, the fact that the defendant recognized the crime of this case, the personal injury did not occur due to the above traffic accident, and the physical damage appears to have been recovered due to the automobile comprehensive insurance, etc. subscribed to the judgment, and the primary crime 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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