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(영문) 수원지방법원 2020.08.13 2020고단2627
도로교통법위반(무면허운전)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

[Criminal Power] On May 2, 2014, the Defendant was issued a summary order of KRW 5 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 7, 2020, at least 02:34, the Defendant, from the front side of the golf practice center in Ischeon-si, to the shooting distance of AKFra, the AKF, who is in the Gosi-si-si, Gocheon-si, Gocheon-si, the Defendant driven the B AS-dong car with a blood alcohol concentration of 0.062% under the influence of alcohol without the driver’s license, and conducted a violation of the Road Traffic Act (driving) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. The register of driver's licenses for tea and cars;

1. Previouss before and after judgments: Criminal records, replys to criminal records (A), investigation reports (formers and attachment of judgments), and application of 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334(1) of the Criminal Procedure Act, was punished by a fine for a drunk driving in 2014, and the driver’s license was revoked on April 18, 2014.

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.

In addition, the Defendant had been punished for driving without a license in 2017 after the cancellation of the driver's license as above, but was also driving without a license.

However, the defendant recognized the crime of this case and divided his mistake.

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