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(영문) 수원지방법원 2020.04.24 2019고단7766
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On January 15, 2015, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

On November 19, 2019, at around 04:50, the Defendant, without a car driver’s license, driven a Maz car at approximately 3 km from the front road of Osan City to the front road of Osan City, under the influence of alcohol by 0.109% of the blood alcohol concentration of 0.109%.

As a result, the Defendant was driving a motor vehicle without a driver's license without a driver's license and violated the regulations on prohibition of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and report on the situation of operating without a license;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of sound driving records);

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

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

1. Selection of selective fine;

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

1. The crime of this case on the ground of sentencing in Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant revoked his/her driver's license and driving under the influence of alcohol without a driver's license, and the crime is not good in light of its contents.

On the other hand, there is no record of punishment other than the previous conviction of the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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