beta
(영문) 수원지방법원 안양지원 2021.01.29 2020고단1920

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Power of crime] On December 1, 2017, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the Sugwon method.

[2] On September 25, 2020, the Defendant driven a B-learning car without obtaining a driver's license from the central public parking lot located in the 323-gil, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si, 323, to the distance from the 673m section of the mountain basin, which is located in the vicinity of Sinpo-si, Sinpo-si, Sinpo-si.

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, operated a car without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of driving force of drinking and attaching summary orders);

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving);

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which attracts the workhouse, is that the Defendant, while having been sentenced once to a fine due to drinking, she shall drive under the influence of alcohol without a license, and the drinking volume is also appropriate.

However, the punishment as ordered shall be determined by comprehensively taking account of the fact that the defendant reflects the wrong, the fact that there is no record of criminal punishment exceeding the fine, and other various sentencing conditions shown in the records.