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(영문) 수원지방법원 성남지원 2021.03.03 2020고단4107

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of control, report on the situation of the driver in charge of driving, investigation report (report on the situation of the driver in charge of driving), and notification of the results of crackdown on the driving of drinking;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed a second offense even though he/she was punished by a fine on one occasion due to drinking alcohol driving.

The punishment shall not be strictly punished, but it shall be determined as ordered in consideration of the circumstances shown in pleadings, such as the details and degree of the crime, driving distance, circumstances after the crime, the age and health of the defendant, family relationship, living environment, etc., in consideration of the fact that the defendant is against his/her will and the criminal record of drinking was before 13 years.