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(영문) 수원지방법원 2020.10.22 2020고단5165

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On February 21, 2020, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act from the Suwon District Court on February 21, 202.

Around 09:20 on July 12, 2020, the Defendant did not obtain a driver’s license in a section of approximately 500 meters from the front of the vehicle in the wife population B, which is located in the same Gu C, to the front road in the same Gu C. On July 12, 2020, the Defendant driven an E-crat automobile under the influence of alcohol content of at least 0.196%.

Accordingly, the defendant violated the Road Traffic Act prohibition provisions at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of the drinking driving control;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to a summary order of sound driving power), and application of Acts and subordinate statutes of one 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. In full view of the following circumstances in the sentencing grounds of Article 334(1) of the Criminal Procedure Act, the sentencing conditions of the defendant, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be sentenced to the same sentence as the order.

In 2020, the Defendant was punished by a fine due to drinking driving, but was engaged in a drinking-free driving without any reflectiveness.

- On March 2, 2020, a driver’s license was revoked on March 2, 2020 due to the foregoing drinking driving, and even though he/she clearly perceived the fact, he/she was engaged in driving without a license.

- From June 25, 2019, the penal provision for drinking driving was strengthened, and the defendant also could have easily access to the above circumstances through the media, etc., but also led to previous criminal records.