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(영문) 수원지방법원 안양지원 2016.02.04 2015고단1903

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 22, 2009, the Defendant received a fine of KRW 700,000,000 from the Busan District Court to a crime of violating the Traffic Act (drinking driving), a fine of KRW 3.5 million to a crime of violating the Traffic Act (drinking driving) on January 8, 2014, and a fine of KRW 7,00,000,000,000 from the Suwon Flag Flag on October 29, 2014, respectively.

On October 8, 2015, the Defendant driven a DK7 car at the entrance of an excessive tunnel, as the Defendant was under the influence of alcohol of 0.160% in blood during blood, without obtaining a driver's license, around 00:26 on October 8, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A criminal investigation report (accidents, etc.);

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that even though the Defendant had three times a criminal record prior to driving under drinking, such as the statement in front of the criminal facts, he had a significant high drinking level without the driver’s license, and was under the influence of a non-licensed drinking at the end of causing an accident where the vehicle is recovered, and the nature of the crime or the criminal fact is so heavy that it is not good.

In addition, considering the fact that the most recent crime among the previous criminal records in front of the crime includes driving without a license, it has not been long, it is necessary to punish the person who has complied with the crime of this case.

In this regard, the car that the defendant led to the crime from the police, and the defendant's side.