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(영문) 광주지방법원장흥지원 2020.12.24 2020고단209
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On January 10, 2019, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for the violation of the Road Traffic Act in the Gwangju District Court's support for the promotion of the head of Gwangju District Court on August 10, 201, and the said judgment became final and conclusive on the 18th of

【Criminal Facts】

On August 25, 2020, at around 20:29, the Defendant driven a 125c occ under the influence of alcohol level E while under the influence of alcohol leveling 0.194%, without obtaining a motorcycle driver’s license, from the front of the C cafeteria located in Gangnam-gun, Gangnam-gun, Seoul to the D occ road.

As a result, the Defendant driven a motorcycle without obtaining a motorcycle driver's license, and at the same time violated the duty of prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the circumstantial statement of a drinking driver, and a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (Attachment to the same type of power), such as criminal records;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the 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 to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order increases the risk of citizens' traffic safety and thus requires strict punishment. The defendant commits the crime of this case again during the suspension period of the execution of the same crime, the defendant is in depth against the defendant, the defendant has no same record of driving under the influence of alcohol, the distance of driving under the influence of alcohol without the license is relatively short, and other factors are considered.

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