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(영문) 수원지방법원 2019.10.17 2019고단3683

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On March 20, 2019, the Defendant was issued a summary order of KRW 3.5 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 8, 2019, at around 21:23, the Defendant driven a DNA car from around 500 meters from 0.055% of blood alcohol level to C in a drunken state, without obtaining a driver's license on July 8, 2019.

As a result, the Defendant driven a motor vehicle in violation of the regulations on prohibition of drinking without obtaining a driver's license at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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 (1) 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 is that the Defendant was issued a summary order due to drunk driving on March 20, 2019. As such, the Defendant committed the instant crime of drinking and driving without a license. In light of the purport of the amendment of the Road Traffic Act, which strengthened criminal punishment by raising the statutory penalty for drunk driving, etc., the nature of the relevant crime is not considerably good.

However, the fact that the defendant is led to confession and reflect, there is no previous conviction in excess of fine yet, after 2010, there was no previous criminal record other than the previous one, and the blood alcohol concentration was relatively high, and other records and arguments are shown in the records and arguments such as the defendant's age, attitude, environment, background of the crime, circumstances after the crime.