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(영문) 수원지방법원 2020.09.24 2020고단4175
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 18, 2019, the Defendant issued a summary order of KRW 7 million at the Suwon District Court for a violation of the Road Traffic Act.

Nevertheless, around 20:57 on June 11, 2020, the Defendant, without a car driver’s license, driven a DNA car from approximately 1.7 kilometers to the front of the same city in front of a mutually influent restaurant located in etern B, while under the influence of alcohol by 0.182% of the blood alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of summary order-related Acts and subordinate statutes;

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of the Criminal Procedure Act, was punished by a fine for drunk driving in 2019, and accordingly, the driver’s license was revoked on November 6, 2019.

Nevertheless, there is a need to impose severe punishment in that he/she was engaged in driving under the influence of alcohol in another state without a license, and since June 25, 2019, the penal provision for drunk driving has been strengthened, and the defendant was also engaged in driving under the influence of alcohol in the media, etc. even though he/she could easily have access to such circumstances.

However, in light of the fact that the defendant recognized the crime of this case and divided his mistake, and other circumstances that are conditions for sentencing as shown in the records, such as the age, character, conduct and environment of the defendant, the punishment as ordered shall be determined.

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