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(영문) 수원지방법원 2020.01.09 2019고정1472

도로교통법위반(음주운전)등

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

On July 1, 2019, at around 22:38, the Defendant, without a driver’s license, driven a D SP car from around 200 meters away from the upper end of the Suwon-si to the upper end of the same Gu, while under the influence of alcohol by 0.127% of blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on the de facto statement of drivers, records of blood alcohol concentration, and automobile register;

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine for selective punishment (the amount of a fine for summary order shall be reduced somewhat, considering the fact that the defendant reflects the crime, the fact that there is no previous conviction, the circumstances leading to driving of the case in this case, the defendant's economic condition, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;