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(영문) 수원지방법원 2020.09.24 2020고단3941
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 December 28, 2007, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 4, 2020, at around 01:35, the Defendant driven Bone Star vehicle under the influence of alcohol concentration of about 0.152% without obtaining a driver's license from the front of the Gu Police University located in Yong-gu, Young-dong to approximately 3.5km Dong-dong 361-14, Dong dong-dong.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and at the same time violated the regulations on prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. A place where a drinking gauge is printed;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports (Attachment of the same summary order) and 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 for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had already been punished by a fine on two occasions or for drinking driving, and the driver’s license was revoked on September 20, 2010.

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.

However, there are many conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, and environment, that the defendant recognized the crime of this case and divided his mistake.

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