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(영문) 수원지방법원성남지원 2020.11.11 2020고단2298
도로교통법위반(음주운전)
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. Control note, report on the circumstances of a drinking driver, notification of the results of crackdown on drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. Previous records: Criminal records and other inquiries, and the application of the police interrogation protocol of the accused to the 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. 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 before drinking is 12 years, the punishment shall be determined like the order, taking into account the circumstances revealed in pleadings, such as the details and degree of the crime, circumstances after the crime, the age and health of the defendant, family relationship and living environment.

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