beta
(영문) 수원지방법원성남지원 2020.12.23 2020고정887

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. Notification of the results of the crackdown on drunk driving, report on the situation of a drunk driver, investigation report (violation of the Road Traffic Act), application of control photograph Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of 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 had been punished by a fine once due to drunk driving.

Although it is not strictly punished, it is not possible to punish the defendant. However, considering the fact that the defendant is against himself and the criminal record of drunk driving was 15 years, the punishment as ordered shall be determined by taking into account 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.