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(영문) 수원지방법원 성남지원 2017.03.02 2016고단4056
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On April 21, 2008, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of road traffic law (drinking driving), etc. on the support of Sungnam branch of Suwon branch, and on October 29, 2009, the Defendant was sentenced to a summary order of KRW 2 million for the same crime by the same court.

[2] On December 8, 2016, the Defendant driven a two-wheeled vehicle B NY125D without a motor device license, while under the influence of alcohol content of approximately 0.179% from the 1km section from the 12-way road of 476, Jin-gu, Seongbuk-gu, Sungnam-si, Gyeonggi-do, to the 31-way road of the same Gu-ro 16, Jin-ro, Seoul Special Metropolitan City without a motor device license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment of such previous summary order);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of a selective fine (which reflects the fact that the driver has driven a motor device and drives a bicycle, etc. for which a considerable period has elapsed from the previous drinking record);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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