(영문) 서울중앙지방법원 2020.11.12 2020고단6272

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Reasons

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자간(%)

(영문) 서울중앙지방법원 2020.11.12 2020고단6272

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On August 22, 2020, at around 20:10, the Defendant driven an E Costex vehicle under the influence of alcohol concentration of 0.261% without obtaining a driving license from around 700 meters to the front of the Seoul Gwanak-gu Seoul Special Metropolitan City Seoul Special Metropolitan City D, while under the influence of alcohol concentration of about 0.261%.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report of the driver's license ledger of the motor vehicle driving certificate of the F’s legal statement of the accused;

1. Relevant provisions of Article 148-2 (3) 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. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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 order of provisional payment was that the Defendant had been punished for driving without a license in around 2016, and at the same time, the Defendant did not drive without a license in this case, and the volume of blood alcohol concentration was very high, and the responsibility for the offense is not easy.

However, in full view of the following circumstances: (a) the defendant's mistake is recognized and reflected by the defendant; (b) the occurrence of a traffic accident is not led to the driving without the driver's license of this case; and (c) there is no record of punishment for driving under the influence of alcohol; and (d) other various circumstances, such as the defendant's age, environment, occupation, family relationship, circumstances after the crime, and circumstances after the crime

참조조문

-도로교통법 제43조

-도로교통법 제44조 제1항

-도로교통법 제148조의2 제3항 제1호

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