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(영문) 서울중앙지방법원 2017.09.08 2017고단4278
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 13, 2017, around 23:25, the Defendant driven a BMW car at around 40 meters wide from the front road of 132-ro, Gangnam-gu, Seoul, 132-ro, 132-ro, 40 meters wide, without obtaining a driver's license, while under the influence of alcohol 0.133% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), the place where drinking is measured, and the report on the detection of

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment [the defendant has the past two times of alcohol driving and driving without a license twice in the past, each of which has been punished by the defendant, and the degree of alcohol concentration in blood is considerably high at the time of detection, and the driver's license was revoked in 2010 and it seems that the defendant continued to be undermining the driver's license without a license even without a license, and on the day of the case, it appears that the driver's license was revoked, and there are various circumstances unfavorable to the defendant.

However, the circumstances such as the defendant's acknowledgement of all criminal facts, the fact that there is no record of being sentenced to the punishment heavier than the fine prior to the instant case, and the fact that the driving of drinking is not deemed to have been made in good faith (the site at the time of the instant case was the defendant's substitute engineer, and the vehicle which was installed in the parking lot was transferred to the road in order to transfer the vehicle to the substitute engineer) are considered.

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