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(영문) 수원지방법원 2020.01.16 2019고정1649
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 13, 2019, at around 22:25, the Defendant driven a non-registered selective motor bicycle from approximately 100 meters away from the water supply b to the front road located in the same Gu, under the influence of alcohol content of 0.074% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to report on the state of running a motor vehicle on a motor vehicle;

1. Relevant Article of the Act and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the defendant's mistake, there are favorable circumstances for the defendant, such as the primary offender who has no penal power, and the occurrence of a traffic accident due to the driving of alcohol in this case, the driving of the defendant was inevitable at the time.

In light of the risk of drunk driving and the necessity of strong punishment to prevent it, equity in sentencing with other similar cases, etc., the punishment prescribed in the summary order does not seem to be more severe. Therefore, the sentence is determined as ordered by the text.

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