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(영문) 수원지방법원 성남지원 2016.07.20 2016고단586
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a summary order of KRW 5 million for a violation of road traffic law (drinking in drinking), etc. on August 20, 2010. On April 6, 2015, the Defendant was sentenced to a suspended sentence of KRW 2 years for a period of ten years for the same crime, etc., and the said judgment became final and conclusive on April 14, 2015.

[2] On February 28, 2016, at around 01:10, the Defendant driven a C-string vehicle while under the influence of alcohol leveling 0.052% of alcohol level without a vehicle driver’s license from the section of approximately 6km in the direction of approximately 01:25 on the same day from the 26-day roads of the “bring University” located in Gwangju-si, Gwangju-si, to the front road of the fkm-si located in Gwangju-si, Gwangju-si, the Defendant driven a C-string vehicle without a vehicle driver’s license.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of drivers and the driver's license register of motor vehicles;

1. Electricity: Application of inquiries made in response to inquiries, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for the crimes of violation of Road Traffic Act, between the crimes of violation of Road Traffic Act, and the crimes of violation of Road Traffic Act (non-licensed driving), and the crimes of electronic crimes);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment reaches the crime of this case when the defendant gets to work early after drinking alcohol as of the day immediately before the crime of this case was committed. The degree of alcohol concentration in the blood of this case exceeds the upper limit, and the defendant would not be subject to the same crime again after disposing of the motor vehicle.

The fact that the mother is living together, the fact that the mother is living together on November 2016, and the mother is supporting the married.

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