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(영문) 수원지방법원 평택지원 2020.06.16 2020고단548
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 February 19, 2020, the Defendant driven an Epoter II cargo vehicle while under the influence of 0.215% of blood alcohol concentration at approximately 50 meters from the front of the “C” road in Ansan-si B to the front of D in the same City.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, circumstantial statement, investigation report, written appraisal of blood alcohol and written report on detection 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 selection of fines for the crime, and the selection of fines;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing factors, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, shall be determined by the order, comprehensively taking into account the following factors:

The factors of sentencing are confession, advanced, and deep.

The apartment building has been located near the place of residence due to the substitute driving, and disputes over the problem of the proxy driving engineer and fee, which led to the crime of this case, regardless of the representative driving engineer, there are some circumstances to consider the background of the crime of this case.

Disadvantageous sentencing factors: there is a record of punishment for drunk driving in 2003.

The drinking alcohol level of drinking driving is very high once.

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