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(영문) 서울중앙지방법원 2020.09.16 2020고단3301
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On February 12, 2009, the Defendant was issued a summary order of KRW 3 million by the Seoul Northern District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 2.5 million by a fine at the Seoul Southern District Court on July 31, 2012.

On May 4, 2020, at around 03:20, the Defendant driven C 130 vehicles without obtaining a driving license with approximately 0.048% alcohol concentration in approximately 100 meters from May 4, 202 to the roads adjacent to the Seoul Gwanak-gu, Seoul Special Metropolitan City.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and at the same time, operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Papers of measurement records of drinking alcohol;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. The reason for the sentencing of Articles 70(1) and 69(2) of the Criminal Act was two times the same, and it is necessary to punish the offender in light of the fact that a person was sentenced to imprisonment for a six-year term due to murder and an attempted murder and did not run a drunk driving since one month has not passed after the release.

However, there is room to view that the sentence of a punishment immediately without giving the defendant an opportunity to correct his/her life, considering the fact that it is not causing a traffic accident, that the drinking alcohol level is less than 0.048%, and the driving distance is less than 100 meters, and that the sentence of a punishment immediately without giving the defendant an opportunity to correct his/her life during the period of release is harsh, and that the confession of the crime of this case and reflects the depth of the crime of this case, etc.,

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