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(영문) 수원지방법원 2020.06.04 2020고단791
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

On November 25, 2019, the Defendant received a summary order of KRW 7 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

On January 23, 2020, at around 00:05, the Defendant driven Ci30 automobiles while under the influence of alcohol with a blood alcohol concentration of 0.115% without obtaining a driving license within a distance of about 2 kilometers from the fluoral area of 00:05 to the fluoral area of Osan-si, Gyeonggi-do to B before Osan-si.

As a result, the defendant violated the prohibition of drinking driving more than twice, and simultaneously driving without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. License register of the report on the circumstantial statement of a drinking driver, the results of crackdown on drinking and driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine for drunk driving in 2019, and accordingly, the driver’s license was revoked on November 13, 2019.

Nevertheless, it is necessary to impose severe punishment in that a person was engaged in driving under a license without permission, and the penal provision for drinking driving has been strengthened since June 25, 2019, and the defendant was also engaged in driving under the influence of alcohol in this case, even though he could easily have access to such circumstances through the media, etc.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment in excess of a fine, and that there is no record of punishment, and other various circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, and environment of the defendant, the punishment as ordered shall

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