logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.11.28 2019고단5700
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On September 26, 2019, the Defendant was issued a summary order of KRW 8 million by the Suwon District Court on the grounds of a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 26, 2019, at around 03:05, the Defendant driven a motor vehicle with Dhigh speed at approximately 2 km section without obtaining a driver's license in the state of alcohol alcohol concentration of about 0.106% from the roads near the 2149 Spung Station, Seopo-gu, Suwon-si, Suwon-si, to the roads in front of C in the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on criminal records, reply reports, and investigation reports;

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 is highly likely to criticize in that he/she is driving under influence on August 6, 2019 and driving under the influence of alcohol on September 17, 2019, even though his/her driver's license was revoked on September 17, 2019.

In addition, since June 25, 2019, the penal provision for drinking driving was strengthened, and the defendant was also able to easily understand the above circumstances through the media, and there is a need to impose severe punishment in that he/she was able to do so.

However, the defendant recognized the crime of this case and divided his mistake, and there is no record of punishment that the defendant has been punished in excess of the fine.

arrow