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(영문) 수원지방법원 2016.10.20 2016고정2028

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 September 10, 2010, the Defendant was sentenced to a fine of two million won at the Suwon District Court for a crime of violation of the Road Traffic Act (driving under the influence of alcohol). On September 19, 2012, the Defendant was sentenced to a fine of three million won at the same court for a crime of violation of the Road Traffic Act (driving under the influence of alcohol) and a crime of violation of the Road Traffic Act (Free Driver under the influence of alcohol). On October 17, 2012, the Defendant was sentenced to a fine of two million won at the same court.

Nevertheless, at around 17:45 on December 11, 2015, the Defendant driven B Ethp Motor Vehicle at a section of about 400 meters from the front of the mutual influoral convenience store in the luoral luoral in the luoral lusium without a driver’s license, to the front road of the lusal lusium, while under the influence of alcohol 0.16% of the blood alcohol level.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. A report on the actual status of a host driver;

1. A written report from an employee of an employer;

1. Reports on the occurrence of a traffic accident;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on automobile mandatory insurance;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;