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(영문) 수원지방법원 성남지원 2018.09.12 2018고단1205

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On December 16, 2013, the Defendant was sentenced to a fine of four million won as a crime of violating the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon Friwon on December 16, 2013; a fine of four million won as a crime of violating the Road Traffic Act (drinking driving) on January 25, 2018; and on January 25, 2018, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Road Traffic Act (drinking driving), due to a violation of the Road Traffic Act (drinking driving) in support of the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea on February 2, 2018.

On March 21, 2018, at around 16:30, the Defendant driven a BM5 passenger vehicle without a driver’s license in the state of alcohol leveling 0.085% of alcohol level from around 300 meters to the roads before the central box of the Map-dong, Map-dong, Map-dong, Map-dong, Sungnam-si, Sinnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of each judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that a person repeats again even though the reason for sentencing under Article 334(1) of the Criminal Procedure Act was the driving force of drinking alcohol, is disadvantageous.

However, according to the situation report of the driver in charge of the state, the following should be considered as favorable circumstances: (a) the defendant's appearance was correct, (b) the walking condition was not high; (c) the defendant confessions and is against the defendant; and (d) his family members are leading.

In addition, the age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.