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(영문) 수원지방법원 2020.06.04 2020고단754

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

[Criminal Power] On March 9, 2019, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act by the Suwon District Court.

【Criminal Facts】

On January 24, 2020, at around 00:46, the Defendant driven an E Lasta vehicle under the influence of alcohol concentration of about 0.080% without obtaining a driver’s license at a distance of about 4 km from Suwon-si B through Suwon-si, to the D Female Dormitory in Young-si C, Suwon-si, and without obtaining a driver’s license.

As a result, the Defendant violated the regulations prohibiting drinking driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses on the record of drinking measurements;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine due to a drunk driving in 2019, and accordingly, the driver’s license was revoked on April 23, 2019.

Nevertheless, it is necessary to impose severe punishment in that a person was engaged in driving under a license without permission, and the penal provision for drinking driving has been strengthened since June 25, 2019, and the defendant was also engaged in driving under the influence of alcohol in this case, even though he could easily have access to such circumstances through the media, etc.

However, the sentencing indicated in the records, such as the defendant's age, character and behavior, is recognized to commit the crime of this case and his mistake is divided, the defendant has no record of punishment exceeding the fine, and there is no record of punishment.