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(영문) 수원지방법원 2020.03.05 2019고단7107
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 11, 2018, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court on December 11, 201.

【Criminal Facts】

On October 29, 2019, at around 23:18, the Defendant driven a D-A4 car under the influence of alcohol concentration of about 0.077% while under the influence of alcohol, without obtaining a driver's license, from the Do adjacent to C in Suwon-si, Suwon-si, Suwon-si, 1260, in front of the Hanwon-si, the lower court, from around 2km-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice 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 result of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine for a drunk driving in 2018, and the driver’s license was revoked on December 31, 2018.

Nevertheless, it is necessary to impose severe punishment in that a person was engaged in driving under the influence of alcohol without a license, and since June 25, 2019, the penal provision for drunk driving was strengthened, and the defendant was also engaged in driving under the influence of alcohol in this case, even though he was able to easily have access to such circumstances through the media.

However, the sentencing indicated in the records, such as the defendant's age, character and behavior, is recognized to commit the crime of this case and his mistake is divided, the defendant has no record of punishment exceeding the fine, and there is no record of punishment.

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