beta
(영문) 수원지방법원 2017.07.04 2017고단745

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

1. On January 9, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and a violation of the Road Traffic Act at the Eunpyeong District Court on January 9, 2015, and a fine of KRW 5 million for a violation of the Road Traffic Act at the same court on July 21, 2016.

[2] On January 25, 2017, the Defendant: (a) driven a C-learning car under the influence of alcohol with approximately 500 meters alcohol level 0.058%, without obtaining a driver’s license, from the front of the administrative elementary school located in the administrative Donnam-gu Eup/Myeon in the Republic of Korea on January 25, 2017 to the front road of the same Eup/Myeon; and (b) driven a C-learning car under the influence of alcohol level 0.058% during blood.

2. On February 22, 2017, the Defendant: (a) driven a C-learning car without obtaining a driver’s license from around 8-3rd Do in the same Si/Eup/Myeon to around 122, due to a change in the 122-km road from the Do in front of 8-3rd Do in the city/Eup/Myeon in the Republic of Korea to the 122nd Do in the same Si/Eup/Myeon.

Summary of Evidence

[Judgment 1] Facts 1, 2017 Highest 745]

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, the driver's license ledger, and making an inquiry into the vehicle;

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (Attachment to the same criminal records against the suspect) (the facts listed in the judgment No. 2, the second order 1336, the second order 2017);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts of each crime is aggregated);

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order