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(영문) 수원지방법원 여주지원 2014.10.17 2014고단474
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On February 22, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and on April 5, 2010, a summary order of KRW 2,00,000,000 as a fine for the same crime from the credit branch of the Suwon District Court.

On March 16, 2014, the Defendant, without obtaining a driver’s license at around 01:05, driven a Crenby car at the section of about 300 meters from the front day of the mutually influence, which is located in the Changcheon-si, 0.117% of blood alcohol level, to the front day of the “Yancheon-do,” located in the same Sincheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol and the control of drinking driving;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same case);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine to be sentenced (the stay of execution for crimes of double-class) (the fact that the person has no record of drinking driving for the last four years or more, and consideration of drinking alcohol, driving distance, etc. in this case);

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

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