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(영문) 수원지방법원 2020.11.24 2020고단6757
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On July 19, 2011, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site.

On July 10, 2020, the Defendant: (a) driven a motor vehicle under the influence of alcohol at approximately 600 meters in a section of about 00 meters with blood alcohol concentration of at least 0.143% from the housing complex located in Heunggu-si B to the roads adjacent to the Dents Association located in the same Gu C; and (b) driven a motor vehicle under the influence of alcohol level of at least 0.143% without a driver’s license, and conducted a violation of the Road Traffic Act (driving) more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. License register;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. In full view of the following circumstances in the sentencing grounds of Article 334(1) of the Criminal Procedure Act, the sentencing conditions of the defendant, including the defendant’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be sentenced to the same sentence as the order.

In light of the risk of drinking driving to many and unspecified persons and the purport of the amendment of the Act increased by statutory penalty, etc., the nature of the crime is not weak.

- The defendant committed the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) while having no valid driver's license after the driver's license was revoked on June 13, 2016.

Recognizing favorable circumstances - mistake is recognized and reflected.

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