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(영문) 수원지방법원 평택지원 2017.08.31 2017고단795
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal history] On August 3, 2012, the Defendant was issued a summary order of KRW 4 million as a fine for a crime of violating the Road Traffic Act at the Suwon District Court’s Eunpyeong District Court’s KRW 4 million, and on February 28, 2014, the same court issued a fine of KRW 4 million for the same crime.

[Criminal facts] On April 10, 2017, the Defendant driven C Laren car under the influence of alcohol content of about 0.114% at a 50-meter radius from the Do in front of the Seongdong Hospital to the road in front of the 1668 Heari Road, among the inside of Pyeongtaek-si in Eupn, without obtaining a driver’s license for a motor vehicle on April 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Making a report on the circumstances of driving without a license, the ledger of licenses, and making an inquiry into the register;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (the previous confirmation), and application of summary order statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The sentencing conditions of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the crime are determined by comprehensively taking account of the following circumstances under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order and other conditions of the sentencing indicated in the record.

- There is a history of criminal punishment several times for the same crime, provided that the defendant does not cause any other traffic accident due to the driving of the drinking without the permission of this case, and there is no history of criminal punishment exceeding the fine. - The defendant is against his mistake.

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