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(영문) 수원지방법원 2020.11.06 2020고단4853
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

On February 20, 2020, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court due to a violation of the Road Traffic Act.

1. On June 20, 2020, at around 01:26, the Defendant illegally uses a motor vehicle, i.e., the victim C, who was under the influence of alcohol on the front line B in Suwon-si, did not correct the door of the Di30 motor vehicle inside the vehicle, and used a smart key inside the vehicle without the victim’s consent and used it temporarily.

2. The Defendant violated the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a license) at least two times by driving the said i30 vehicle without a driver’s license, while driving the said i30 vehicle under the influence of alcohol at least 0.134% from the place specified in paragraph (1) to the area of about 420 meters from the right line E-way at the time and place, from the right line of water.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Each internal investigation report, driving status report without a license, relevant photographs, field photographs, etc.;

1. Video data;

1. Statement on the circumstances of the driver, and response to requests for appraisal;

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Records of judgment: Application of one copy of criminal records, reply note, and summary order;

1. Relevant provisions of the Criminal Act, Article 31-2 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning criminal facts;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have a record of driving under the influence of alcohol, and on March 22, 2020, the defendant, whose driver's license was revoked, temporarily used the victim's motor vehicle without the consent of the victim, and thus, the nature of the crime is not weak.

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