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(영문) 수원지방법원 2013.06.14 2012고합1196
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 2, 2012, at KRW 04:45, the Defendant driven CSM5 car under the influence of alcohol content of at least 0.213% without obtaining a driver’s license in a section of about 100 meters from the front side of the river basin in Suwon-si to the front side of the agricultural cooperative located in the same Kusan-ro 2.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the report on detection of drivers and the laws and subordinate statutes on the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 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, on July 16, 2012, revoked his/her driver's license due to the crime of drunk driving on the part of July 16, 2012 and committed the crime of drunk driving and without obtaining a fine of KRW 1,50,00,00 again within the remaining three months even though the court issued a summary order, and that the act of drunk driving is highly likely to cause harm to another person's life and body as well as his/her own act, which is disadvantageously unfavorable, such as the nature of the crime. Meanwhile, the defendant has no record of criminal punishment other than the above fine, and that the defendant has a profound character to recognize and reflect any other favorable circumstances, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all other circumstances that form the condition for sentencing as specified in the oral proceedings, the sentence as ordered

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