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(영문) 수원지방법원 성남지원 2020.04.07 2019고단2640
도로교통법위반등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On November 9, 2018, the Defendant received a summary order of KRW 5 million from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act.

Nevertheless, on September 29, 2019, the Defendant, without obtaining a driver's license on September 17:25, 2019, driven a motor vehicle without obtaining a driver's license on at least 0.214% of blood alcohol level, at least 0.214% of alcohol level, at a section of about 50 meters in front of Gwangju City, thereby violating the prohibition on drinking driving at least twice, and at the same time, driven a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and the register of driver's licenses;

1. Application of criminal records, reply reports, and summary order (43 pages of investigation records)-related Acts and subordinate statutes;

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 the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven a vehicle under the influence of drinking alcohol level of 0.214% even though his/her driver’s license was revoked due to a drunk driving around 2018, and eventually caused an accident of shocking a vehicle parked in the opposite lane by breaking the central line.

It shall be taken into account the fact that the defendant has an attitude to recognize and reflect the defendant's mistake, and the defendant has no record of criminal punishment except for the previous criminal records and the previous criminal records of fines once, and other circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc. shall be determined as ordered, taking into account the following circumstances.

Public Prosecution Rejection Parts

1. This part.

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