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(영문) 수원지방법원안산지원 2020.08.21 2020고단1914

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On July 8, 2019, the Defendant was issued a summary order of KRW 7 million due to a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch.

At around 03:50 on March 29, 2020, the Defendant driven a DNA motor vehicle under the influence of alcohol with a blood alcohol concentration of 0.169% without obtaining a driver's license from around 119-10 semi-months to the front road of convenience stores located in the same Gu B from around 6km to the road located in the same Gu.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of operating without a license, report on the situation of a driver without a license, investigation report (report on the circumstances of a driver with a license), notification on the control of driving without a license, and the register of driver's licenses for automobiles

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Taking into account the frequency and timing of the same kind of force for sentencing (one time, 2019), drinking water and circumstances after committing a crime, etc. for the reason of sentencing under Article 334(1) of the Criminal Procedure Act