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(영문) 수원지방법원 평택지원 2020.04.24 2019고단2046
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On September 9, 2016, the Defendant issued a summary order of a fine of KRW 3 million at the Suwon District Court due to a violation of the Road Traffic Act, etc.

On November 20, 2019, at around 22:20, the Defendant driven CK5 cars while under the influence of alcohol alcohol concentration of about 0.079% without obtaining a driver's license from around 1km-gun Military Base to the front of the same Si roads.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of the driver and the circumstantial statement of the driver;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: The inquiry into foreign crimes and investigation records and the application of Acts and subordinate statutes of investigation reports (verification of records of the same kind of drinking driving);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrences (the punishment imposed on a violation of the Road Traffic Act with heavier punishment shall be imposed);

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. According to Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account all the factors of sentencing as shown in the arguments in the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive of the crime, means and consequence of the crime, etc.:

Unfavorable circumstances: The circumstances that are favorable to the fact that a person drives a motor vehicle under the influence of alcohol or without a license even though he/she has already been punished once due to drinking and without a license: The fact that the blood alcohol concentration at the time of detection is relatively high.

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