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(영문) 수원지방법원 여주지원 2021.02.05 2020고단1051
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 8, 2018, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) in the leisure support of the Suwon Friwon method. On February 3, 2020, the Defendant was sentenced to a suspended sentence of KRW 6 months in imprisonment with prison labor for a crime of violating the Road Traffic Act (drawing driving). On February 11, 2020, the judgment became final and conclusive on February 11, 2020.

On July 25, 2020, without obtaining a driver's license for a motor vehicle on July 10, 2020, the Defendant driven a E-Poter vehicle from a distance of about 500 meters from C front in Gyeonggi-gun B to D front roads.

Summary of Evidence

1. The legal statement of the defendant F by the court witness;

1. A report on investigation of a suspected violation of the Road Traffic Act on the detection of a person suspected of having violated the Road Traffic Act (the driving of a suspect's drinking or non-licenseed power);

1. Application of a reply letter to inquiry, such as criminal history in the register of driver's licenses, investigation report (the fact that the period of suspension of the execution of a suspect is in the same period, court rulings on

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing under Article 70(1) and Article 69(2) of the Criminal Procedure Act, and the fact that a person was sentenced to a suspended sentence on February 3, 2020 and was sentenced to a suspended sentence on a non-licensed driving on February 3, 202, thereby re-offending during the period of the suspended sentence, etc. shall be considered disadvantageously.

However, it is advantageous to the fact that the driver does not drive a drinking again, that the driver does not drive a drinking again, that the F, who intending to drive for the defendant on the weekend, drinks alcohol from the time of the defendant and about 12:0 p.m. to the 12:0 p.m., and 9 hours' volume, and the defendant's driving for F, who does not know about it, and the F, was under control, and although the f was not detected of drinking, the f, but the f was detected of drinking.

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