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(영문) 수원지방법원 2020.11.20 2020고단5323
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On April 28, 2020, at around 01:59, the Defendant driven a F K5 vehicle while under the influence of alcohol with about 100 meters alcohol concentration of about 0.082% from the front road in Osan City B to the front road in D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to report on the circumstantial statement of a drinking driver, investigation report (report on the circumstance of a drinking driver), notification on the results of the control of drinking driving, investigation report (written opinion on the suspect's body weight), investigation report (written purchase of suspect's alcoholic beverage), investigation report (written application of the Tramark formula, etc.);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the sentencing of the instant crime was that at the time of the instant crime, the Defendant’s blood alcohol concentration, speech and behavior, and traffic risk resulting from the Defendant was significantly high, and that the Defendant denied the instant crime while actively making a false statement at an investigative agency is disadvantageous to the Defendant.

On the other hand, it is favorable for the defendant to recognize the crime of this case, if the defendant reaches this court.

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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