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(영문) 수원지방법원 2019.10.31 2019고단4019
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 5, 2019, the Defendant was issued a summary order of KRW 2 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 03:00 on July 11, 2019, the Defendant driven a Daco or car under the influence of alcohol leveling 0.075% from the section of approximately 500 meters from the front side of Suwon-si, Suwon-si, to the front side of Suwon-si, Suwon-si.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) and driven DCos or automobiles without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the circumstances of a drinking driver), and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports on criminal records, previous records on disposition, results of confirmation, and application of Acts and subordinate statutes of one 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, on May 2019, committed the same kind of crime in the state of license without permission even though he/she was issued a summary order by driving under influence on or around May 2019, and considering the purpose of the revision as the application of the amended Act with a higher statutory penalty, the nature of the crime is not somewhat weak.

However, there are many records and arguments, such as the confession and reflect of the defendant, the fact that there is no record of criminal punishment except the above previous case, the age, attitude, environment, driving background and distance of the defendant, the degree of blood alcohol concentration, and the circumstances after the crime.

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