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(영문) 수원지방법원 2017.10.31 2017고단1197

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 15, 2013, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a crime of traffic on the road in the Suwon District Court on February 15, 2013; on November 13, 2013, a fine of KRW 4,50,000 for a crime of traffic on the road at the source of the Suwon District Court on November 13, 201; and on December 15, 2016, a person who had been sentenced to a suspended sentence of 6 months for a term of two or more times for a crime of driving on drinking by drinking at the Suwon District Court on December 15, 2016.

On February 23, 2017, the Defendant driven a BF rocketing vehicle under the influence of alcohol content of at least 0.069% without obtaining a driver’s license from the front road of the Jinan-dong to the bottled higher road located in the same Dong at the same time as the Jin-dong in a light of light of 23:10 on February 23, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. Detailed driver's license details;

1. Application of a reply to inquiry, such as criminal history, and the application of the statutes on investigation reports (Attachment to the 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. Each of the crimes in this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is a case of driving a motor vehicle under the influence of alcohol at least two times due to driving under the influence of alcohol without a motor vehicle driver's license, and the quality of such crime is not good. The defendant has been punished three times for the same crime of violation of the Road Traffic Act (driving). In particular, on December 15, 2016, the defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of the Road Traffic Act (driving), and is still under the suspension of the execution of six months.