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(영문) 수원지방법원 성남지원 2016.03.16 2015고단3032
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 21, 2009, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of road traffic law (drinking driving) in support of the Sungnam branch of Suwon branch on July 21, 2009; on April 1, 2013, the Defendant issued a summary order of KRW 4 million for a violation of road traffic law (drinking driving); on December 2, 2015, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law (drinking driving) in support of Sungnam branch of Suwon branch of Suwon branch of Suwon branch of the District Court on December 201; on December 10, 2015, the Defendant was sentenced to a suspended sentence of two years, community service, or 120 hours for a violation of road traffic law (drinking driving).

Criminal facts

On November 15, 2015, the Defendant driven a B B B B B B B B lue vehicle with alcohol concentration of 0.060% under the influence of alcohol, without obtaining a driver’s license, from the front side of the Geumdong-dong Flus Hospital, from around 2km to the front side of the same Geumdong Flus Hospital.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of a driver driving a drinking, notification of the results of regulating drinking driving, report on the situation of driving a drinking, and inquiry about a license;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for the crimes of violation of Road Traffic Act, between the crimes of violation of Road Traffic Act, and the crimes of violation of Road Traffic Act (non-licensed driving), and the crimes of electronic crimes);

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) of the Criminal Procedure Act is rendered together with the final and conclusive judgment of imprisonment with prison labor for the reason of sentencing, the principle of equity and drinking volume is not high, etc., the punishment shall be determined as ordered;

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