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(영문) 수원지방법원 2020.03.26 2019고단7321
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

[Criminal Power] On July 24, 2019, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 14, 2019, the Defendant, without obtaining a driver’s license on October 14, 2019, driven a DNA car from a section of about 50 meters from the road in front of the Suwon-gu B building to the road in front of the same Gu, under the influence of alcohol level of 0.069%.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notice of the results of the drinking driving control and the record of respiratory measurement;

1. The ledger of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, replys, and application of Acts and subordinate statutes attaching the same summary order;

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. The Defendant, on May 2, 2019, was punished by a fine on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order. Accordingly, the driver’s license was revoked on June 29, 2019.

Nevertheless, even though six months have not passed since previous drunk driving under a license without permission, and the punishment regulations for drunk driving were strengthened since June 25, 2019, and the defendant was also able to easily understand the above circumstances through the media, etc., there is a need to impose severe punishment in that he/she continues to engage in the instant drunk driving.

However, the records include the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment exceeding the fine, and that there is no other record such as the age, character, conduct and environment of the defendant.

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