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(영문) 수원지방법원 성남지원 2020.06.18 2020고단153
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 18,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On March 16, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court on March 16, 2007; on March 11, 2011, the same court issued a summary order of KRW 3 million for the same crime; on September 5, 2019, the Defendant was sentenced to a fine of KRW 1 million for the same crime at the Suwon District Court on September 5, 2019; on March 25, 2016, the Seoul Central District Court sentenced one year and six months to imprisonment for an attempted quasi-rape, and completed the execution of the sentence in the Seoul Detention House on March 21, 2017.

【Criminal Facts】

Although the Defendant had a record of violating the prohibition of drinking driving, at around 05:25 on October 31, 2019, the Defendant driven a car with Cinsty at approximately 5 meters without obtaining a driver’s license in front of Gwangju City Bel, while under the influence of alcohol by 0.125%.

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

Summary of Evidence

1. The defendant's legal statement, his/her oral statement, investigation report, the ledger of using a drinking measuring instrument, field photographs, details of disposition taken to revoke his/her driver's license, on-site CCTV;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is four times the criminal defendant was punished for a drunk driving. Among them, the criminal defendant committed the crime of drinking again in this case only for six months from the date on which the last drunk driving was conducted.

The defendant's drinking driving power and driving level of the defendant are not less weak, considering the circumstances disadvantageous to him.

(b).

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