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(영문) 서울북부지방법원 2021.01.21 2020고단3012
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

On April 9, 2020, the Defendant received a summary order of KRW 8 million due to a violation of the Road Traffic Act (Crime of Driving Drinking) in the support for the development of the water source method and the source of water source.

Around 02:40 on May 28, 2020, the Defendant driven C X-ray car under the influence of alcohol concentration of 0.135% during blood without obtaining a driver’s license from the front day of the restaurant in which the trade name inside the alley of a drinking milk in Gangseo-gu Seoul Metropolitan Government is unknown to the roads adjacent to the same Gu B, and without obtaining a driver’s license.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and driving the said vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement statement report, investigation report (report on the situation of the driver who is placed in driving), inquiry of the result of crackdown on drinking, report on the circumstances of driving without a license, control records, and the register of driver's licenses;

1. Previous convictions as indicated in the judgment: Application of Acts and subordinate statutes to the specifications of management inquiries into the Suwon District Court's Ansan Branch 2020 highest 353, and the management inquiries into the main report;

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

1. Selection of a fine for selective punishment provided for in Articles 40 and 50 of the Criminal Act (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment)

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed a second offense of driving without a license for drinking alcohol in the instant case for only four months, without among persons whose license was revoked due to driving under drinking.

The alcohol concentration in blood is also very high.

Multi-driving has not caused actual damage, such as a traffic accident, and there is no criminal record except for the driving record of drinking in the judgment, and the defendant reflects his/her wrongness, and the social relationship, such as supporting the mother as a workplace that has started a social life.

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