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(영문) 수원지방법원 2020.10.15 2020고단4471
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

[Criminal Power] On June 28, 2017, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On April 11, 2020, the Defendant, without obtaining a driver's license of a motor vehicle on April 11, 2020, driven a motor vehicle of about 10 meters at the front of the Geong City B, with a blood alcohol concentration of about 0.127 percent.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and simultaneously driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement, etc. on the circumstances of an employee;

1. Report on investigation (in relation to the application of the Tramark), report on internal investigation (in relation to the DNA phone call of a reference witness), report on internal investigation (in relation to the E telephone of a reference witness), and report on internal investigation (in relation to the F telephone call of a reference witness);

1. Registers, etc. of driver's licenses;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same criminal records as a suspect), and application of Acts and subordinate statutes of a 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. In full view of the following circumstances in the sentencing grounds of Article 334(1) of the Criminal Procedure Act, the sentencing conditions of the defendant, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be sentenced to the same sentence as the order.

The defendant was punished for a fine due to drinking driving in 2017, and the driver's license was revoked on July 2, 2017.

Nevertheless, in the state of license without license, the driving of a drinking-free vehicle has been reduced.

- From June 25, 2019, the penal provision for drinking driving was strengthened, and the Defendant also could have easily access to such circumstances through the media.

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