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(영문) 수원지방법원 2020.07.23 2020고단1559

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 14 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On February 4, 2020, the Defendant was issued a summary order of KRW 6 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On March 1, 2020, the Defendant, without obtaining a driver’s license on March 1, 2020, driven a C-learning car under the influence of alcohol concentration of about 0.078% from the front of the Suwon-gu Sick Park in Suwon-si to the front road of the same Sin-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Records of blood alcohol concentration;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on the results thereof, and application of Acts and subordinate statutes concerning summary order;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed a second offense without a license even though he had a record of crackdownd on November 21, 2019 due to drunk driving, etc., under the circumstances unfavorable to the defendant. Meanwhile, the defendant recognizes and reflects the crime; the defendant does not have any traffic accident; the defendant does not have any other criminal record except the above drunk driving record; the support is supported by his family; and the blood alcohol concentration is not high, considering the circumstances favorable to the defendant; and considering all other factors indicated in the records of this case, it is decided as per the Disposition.