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(영문) 수원지방법원 2020.08.28 2020고단2241
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 March 26, 2020, at around 21:09, the Defendant driven an Efluor vehicle under the influence of alcohol concentration of approximately 0.207% in the section of approximately 23 km from the front of the member-gu, Ansan-si to the front day of the “D store” located in Ansan-si, Ansan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of Acts and subordinate statutes to the investigation report (report on the circumstances of drinking drivers);

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed again the instant crime even though the Defendant had been punished for drinking driving in 2005. The Defendant’s blood alcohol concentration or speech and behavior condition at the time of the instant case, which is highly dangerous to traffic caused by the Defendant in light of the pedestrian condition, and the distance from driving under the influence of alcohol is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime of this case, and that the defendant has no record of criminal punishment other than the punishment of a fine once due to drinking driving in 2005 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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