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(영문) 수원지방법원성남지원 2020.08.19 2020고정308
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. B written statements;

1. Each traffic accident report, report on the occurrence of a traffic accident, photographs of the scene of the accident, report on the circumstantial statement of a drinking driver, investigation report, notification on the results of crackdown on drinking driving, and application of the Acts and subordinate statutes governing the 112 Report Handling Cases;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant driven a vehicle while under the influence of alcohol and there is a risk of causing a large amount of accident due to the high drinking value, and thus, it cannot be punished strictly.

However, the defendant is against the defendant and is the first offender who has not been subject to criminal punishment.

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.

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