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(영문) 서울중앙지방법원 2020.05.14 2019고단7806
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 18, 2019, the Defendant was issued a summary order of KRW 3 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 30, 2019, at around 00:11, the Defendant driven a DNA car with approximately 600m from the front of Gangnam-gu Seoul to the front of C on the road, without obtaining a driver’s license, while under the influence of alcohol with 0.051% of alcohol level.

As a result, the Defendant driven a motor vehicle without a driver's license and violated the prohibition on drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. A notification slip of the result of drinking driving control;

1. License register;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the punishment records for drunk driving), and application of Acts and subordinate statutes of the Seoul Eastern District Court 2019 high-pressure 90;

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that the defendant had a record of being punished for a drunk driving around January 2019, and even though the license was revoked due to the above drunk driving, the defendant was also driving without the license in this case.

In addition, in order to avoid crackdown in the process of drinking control, the defendant's notification of the date of birth to a police officer is also poor.

However, in full view of various circumstances, including the Defendant’s age, environment, occupation, circumstances after the commission of the crime, etc., the Defendant’s mistake and the blood alcohol concentration are relatively high, and the driving distance is relatively short, and the sentencing conditions indicated in the records of the instant case are considered.

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