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(영문) 수원지방법원성남지원 2020.12.16 2020고정858

도로교통법위반(음주운전)등

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. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The suspect interrogation protocol of the police as to B;

1. Arrest report of the occurrence of the case, notification of the results of crackdown on drinking driving, circumstantial statement of the drinking driver, investigation report, internal investigation report, and the register of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (suspect A's previous records and confirmations), including criminal records, to Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, has been sentenced to a fine on one occasion due to drunk driving, and the Defendant, on the other hand, committed a crime by causing a traffic accident due to negligence while driving, causing the injury of people, or attempted to flee after the accident, and committed a second offense only for four months after he/she was sentenced to criminal punishment due to drunk driving without being aware of it.

The punishment shall not be strictly punished, but it shall be determined as ordered in consideration of the fact that the defendant is against his will, taking into account the details and degree of the crime, the driving distance, the circumstances after the crime, the age and health of the defendant, family relationship, living environment, etc.