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(영문) 수원지방법원 2020.03.26 2020고정232
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On December 24, 2019, at around 01:00, the Defendant driven a motor vehicle with Down PP at approximately 2 km section from the unexponed place to the front road located in Yeongdeungpo-gu, Suwon-si B, Suwon-si, from the unexponed place to the water source of 0.153% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes, such as a written circumstantial statement of a host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice 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 is no record of criminal punishment, and even if a traffic accident occurred due to the drinking driving of this case, there is a favorable condition for the defendant. On the other hand, the defendant's blood alcohol concentration at the time of detection is high, and the defendant's drinking operation was inevitable at the time of the detection.

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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