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(영문) 수원지방법원 2020.01.15 2019고단6667
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On December 12, 2018, the Defendant was issued a summary order of KRW 3 million by the Suwon District Court due to a violation of the Road Traffic Act.

At around 01:50 on August 31, 2019, the Defendant driven a motor vehicle in the ENscoo coo under the influence of alcohol concentration of about 0.121% without obtaining a driver's license from the front side of the “C” located in Young-gu, Young-si B from approximately 1.3km to the front side of the same Gu D.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, and output of a drinking measuring instrument;

1. Registers of driver's licenses, and car4;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of the same attached records), and application of Acts and subordinate statutes attached to two summary orders;

1. Relevant provisions of Article 148-2 (3) 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 a selective fine (such as the fact that the previous conviction and the previous conviction without a license are committed once each, but they reflect the previous conviction, the fact that there is no previous conviction exceeding the fine, and the occurrence of an accident, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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