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(영문) 수원지방법원 2020.09.25 2020고단5388
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On July 4, 2020, at around 22:25, the Defendant driven an Ebe-cracked car at approximately 200 meters away from the road front of the “C” House located in Masung City B to the road front of the same city D, while under the influence of alcohol content of about 0.231%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements, investigation reports, and results of the regulation of drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is that the defendant was a drunk driver, and the nature of the crime is not that of the defendant's drunk driver, but that of the blood alcohol concentration due to drinking in this case is very high.

The defendant has a record of being punished for drunk driving in 2002.

However, in light of various circumstances, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result, etc., the sentencing conditions stated in the record shall be determined as ordered, taking into account the following circumstances: (a) the defendant recognized the crime of this case and divided his mistake; (b) the period of drinking driving of the defendant has passed 17 years or more from the date of the crime of this case; and (c) the defendant has no other criminal records other than twice prior to the fine; and

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