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(영문) 수원지방법원 2021.02.09 2020고단7619
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

[criminal history] The Defendant was sentenced to a fine of KRW 20 million on December 2, 2019 by the Suwon Friwon due to a violation of the Road Traffic Act (driving), etc.

[2] On October 12, 2020, the Defendant driven C M& car under the influence of alcohol content of about 11 0.113% while under the influence of alcohol content in blood without a vehicle driver's license from around 13:25 to around 106-10 of the same Si e-mail Eup e-mail e-mail route from around 13:25 to the same Si e-mail Eup e-mail.

As a result, the Defendant violated the prohibition on drinking at least twice, and at the same time, operated without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license register notified of the results of regulating drinking driving;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history (A), and application of the previous convictions and Acts and subordinate statutes;

1. Article 148-2 subparag. 1, Article 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense (a point of driving without a license)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract 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Procedure Act, was punished by a fine for driving under drinking in 2019, and accordingly, the driver’s license was revoked on November 13, 2019.

Nevertheless, there is a need to impose severe punishment in that he/she is driving under a license without a license, and the provision on driving under the influence of alcohol was strengthened since June 25, 2019, and the Defendant was also able to easily understand the above circumstances through the media, etc., and the Defendant was making the instant drinking.

However, the fact that the defendant recognized the crime of this case and divided his mistake, and other circumstances that form the conditions for sentencing as shown in the records, such as the defendant's age, sex, and environment.

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