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(영문) 수원지방법원 2020.06.05 2020고단1057
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On December 19, 2016, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act.

On December 25, 2019, at around 05:07, the Defendant driven an EKani vehicle under the influence of alcohol concentration of about 0.102% without obtaining a driving license from the distance of about 7 km from the vicinity of Heung-gu, Young-si B to the front of the D in terms of harmony with a blood alcohol concentration of about 0.102%.

As a result, the Defendant violated the regulations prohibiting drinking driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement of reported situation of driving without a license, and a report on the situation of driving with a driving without a license; and

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. The driver's license ledger;

1. Records of judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have a record of driving alcohol, and the defendant, whose driver's license was revoked on January 14, 2017, without permission or driving alcohol, and the nature of the crime is not somewhat less than that of the blood alcohol concentration due to drinking of this case.

Since the Defendant was punished as a drunk driving on December 2016, and the Defendant again committed the instant crime even though he had a record of punishment for driving without a license on November 2018, there is a lot of possibility of criticism.

However, it is against the fact that the defendant recognizes the crime of this case and there is no record that the defendant has been punished for the suspension of execution or more.

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