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(영문) 수원지방법원 2021.02.04 2020고단8152
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

[criminal history] On October 22, 2020, the Defendant was issued a summary order of KRW 2 million to the Suwon Friwon as a crime of violating the Road Traffic Act (driving).

[Criminal facts] On October 17, 2020, the Defendant driving a sports vehicle in Ecoon at approximately 1.5 km from C to D apartment in the state of 0.084% alcohol concentration in blood, without obtaining a driver's license on around October 21, 2020, and driving a sports vehicle at approximately 1.5 meters in front of D apartment.

As a result, the Defendant violated the prohibition of drinking at least twice, and simultaneously driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. The driver's license ledger;

1. Previous records: The application of the results of inquiry and investigation reports (Attachment of materials related to criminal history) 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. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime of drinking without a license even though he/she was found to have driven by drinking around August 2020. In light of the risk of the occurrence of the accident caused thereby, the risk of the accident caused by the accident and the purport of the amendment of the Act increased by statutory penalty, the criminal liability is very heavy.

However, considering the fact that the defendant is led to confession and reflect, the fact that there is no criminal record other than the above previous criminal record, and the fact that the accident does not lead to the accident, the defendant's age, attitude, environment, circumstances, distance, circumstances after the crime, etc., the punishment is imposed as ordered.

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