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(영문) 서울중앙지방법원 2018.01.10 2017고단7060
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On August 10, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act at the Seoul Central District Court on June 2016, and the judgment became final and conclusive on August 18, 2016, and is currently in the period of suspended execution. On April 7, 2016, the Defendant is a person who violated Article 44(1) of the Road Traffic Act not less than twice, such as receiving a summary order of five million won for the same crime at the same court.

[2] On May 27, 2017, the Defendant driven a E-A7 car under the influence of alcohol content of 0.163% while under the influence of alcohol without obtaining a driver’s license from the Do in front of the New-Spool restaurant to the distance of every 30 meters located in the same Dong-dong, Sungnam-si, Sungnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, an investigation report (report on the circumstances of the driver at home), and a report on the detection of the driver at home;

1. Report on the circumstances of driving without a license, and the ledger of driver’s licenses;

1. Each investigation report (Nos. 1, 13, and 19 once a year);

1. The NAV map output (the distance measuring) (the 20th net time);

1. Previous convictions as indicated in the judgment: Inquiry of criminal history, investigation report (No. 17) and application of each summary order and judgment (No. 18) Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of a selective fine for punishment (the defendant was already punished four times or more but again commits the instant crime, which is relatively recent in 2016, and was punished for driving under drinking twice or more in 2016, and in particular, even if he was sentenced to a suspended sentence due to drinking driving on August 2016, he/she is again sentenced to a suspended sentence during the grace period.

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