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(영문) 수원지방법원 2020.05.21 2020고단8
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 31, 2019, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (driving on Motor Vehicle) in the Gyeyang Branch of Suwon District Court on January 31, 201.

【Criminal Facts】

On November 30, 2019, at around 17:50, the Defendant, without a car driver’s license, driven a Poter Cargo Vehicle C at a section of about five meters in front of the Suwon-gu, Suwon-si, under the influence of alcohol of 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous for judgment: Application of one copy of the statement of criminal history records, and one copy of the summary order;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished by a fine due to a drunk driving in 2019, and the instant drinking driving was conducted under the license without permission in the same year, and the blood alcohol concentration level at the time was considerably high, and the quality of the crime is not less light and is highly likely to be subject to criticism.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no previous conviction other than the above previous one, the driving distance is relatively short, etc., the defendant's age, attitude, environment, driving circumstances, circumstances after the crime, etc., and the various sentencing conditions shown in the records and arguments shall be determined as ordered.

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