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(영문) 수원지방법원 안양지원 2015.10.22 2015고단1222
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 16, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Suwon District Court, and on December 22, 201, the Seoul Southern District Court issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

On May 20, 2015, the Defendant, while under the influence of 0.067% of blood alcohol concentration without a driver’s license on May 20, 2015, driven a B-Scar car to 3 U.S. E. in the Seoul Eunpyeong-gu Seoul Metropolitan Government’s tobacco concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the operation without a license, report on the state of the operation without a license, and report on the state of the operation with a driver without a license;

1. A driver's license inquiry;

1. Previous records: Application of inquiries, such as criminal records, and a copy of each summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the case for which a summary order of KRW 5 million was filed, which was originally brought before the trial.

In addition, the Defendant had been sentenced to a suspended sentence of two years on October 30, 2014 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of the Road Traffic Act (unlicensed Driving) at the Cheongju District Court, which was sentenced to a suspended sentence of two years on July 30, 2014, and was sentenced to a suspended sentence of two years. The Defendant was a bad and bad drinking driver.

However, it shall be considered in favor of the fact that the exposed drinking water is relatively low, the fact that the defendant led to the crime, etc.

In this regard, the argument and record of this case are based on the sentencing precedents of the same kind of case with the prosecutor's old penalty (5 million won).

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