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(영문) 수원지방법원 성남지원 2020.07.22 2020고단516

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

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. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the results of crackdown on driving under the influence of alcohol, and circumstantial statement of a drinking driver;

1. Previous records: Application of criminal records and other inquiries and investigation reports (report attached to the previous records and summary order) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

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

1. The defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though he/she had been punished one time due to drunk driving, repeats the crime and does not severely punish him/her.

However, the defendant is against the defendant, and he was not a high level of drinking water, and his previous conviction was seven years.

In addition, the defendant's age and health, family relations and living environment, details and result of a crime, and circumstances revealed in pleadings shall be determined as ordered in consideration of the overall circumstances revealed after the crime.