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(영문) 수원지방법원 2019.09.27 2019고단4128
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On January 10, 2018, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act.

On August 1, 2019, at around 01:30, the Defendant driven a Fwing-III truck under the influence of alcohol concentration of 0.187%, without obtaining a driver’s license, at a section of about 500 meters from the front of the cafeteria “C” restaurant located in Suwon-si B to the front of the E Administrative Welfare Center located in the same Gu D.

Accordingly, the defendant violated the prohibition of drinking driving more than twice, and driving of the freight without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Voluntary report on the operation and state of driving without a license;

1. 112 case settlement table;

1. Statement on the circumstances of a drinking driver, report on the results of the drinking driving control, and a drinking record tag;

1. Registers of driver's licenses;

1. Records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant, whose driver’s license was revoked on January 2, 2018, once he/she re-licensed or driven without permission, and the nature of the crime is not that of the crime, but that of the blood alcohol concentration high due to drinking.

In 2018, the defendant has a record of being punished by a fine on one occasion due to drinking driving.

However, the defendant recognized the crime of this case and divided his mistake, the defendant did not have any other criminal records as well as the above one-time fine, and the age, character and conduct, environment, and crime of this case.

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