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(영문) 수원지방법원 2020.10.15 2020고단4490
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 31, 201, the Defendant was issued a summary order of KRW 5 million by the Seoul Central District Court on the grounds of a violation of the Road Traffic Act (refluence of measurement).

【Criminal Facts】

On June 18, 2020, at around 02:30, the Defendant driven B K7 car under the influence of alcohol level of 0.195% without obtaining a driver’s license from the front of the new station located in Gangnam-gu Seoul, Seoul, to the road at a point of 395km-do, Gyeong-gu, Chungcheongnam-gu, Busan, to the road at a point of 395km-do.

As a result, the Defendant violated the Road Traffic Act not less than twice the prohibition of drinking or refusing to measure drinking, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of a drinking driver, investigation report, and record of a drinking measuring instrument;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports and application of Acts and subordinate statutes of one copy of a summary order;

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

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was able to have been punished for driving without a license, and even though he was punished by a fine due to a refusal to measure drinking, the defendant was driving without a license.

Considering that the blood alcohol concentration level at the time of the case was very high, the risk of an accident was high, and that there is a high possibility of criticism for repeating the same kind of crime.

However, the fact that the defendant confessions and reflects, and that it does not lead to any accident.

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