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(영문) 수원지방법원 성남지원 2020.04.17 2020고단130
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. B written statements;

1. A traffic accident report, report on the occurrence of a traffic accident, report on the circumstances of a driving driver, investigation report, notification of the results of crackdown on drinking driving, investigation report, report on investigation, report on 112 reported cases, and photograph of the scene of an accident;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes on investigation reports (verification of identical records of a suspect);

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) 6 of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing below);

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 reflects the wrongness, and was not a high level of drinking water.

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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