beta
(영문) 수원지방법원 성남지원 2013.10.17 2013고단1857

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[criminal power] On June 5, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Suwon District Court. On July 30, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch of the Incheon District Court. On April 19, 2012, the Defendant was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court, and the said judgment became final and conclusive on April 27, 2012.

【Criminal Facts】

On July 22, 2013, at around 22:56, the Defendant, without a car driver’s license, driven Category C Lasta vehicle from the 3-1 Do in Gwangju-si to the front road located in Taeju-dong, Gwangju-si, to approximately 2 kilometers, while under the influence of alcohol by 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. The driver's license ledger;

1. The user ledger of the measuring instruments for drinking;

1. Division: Application of Acts and subordinate statutes to inquiry reports and investigation reports (attached to the same type of criminal records and summary orders);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, 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 an alternative fine for punishment;

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

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