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(영문) 수원지방법원 안산지원 2016.05.12 2016고단599
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 18, 2006, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Suwon Friwon on August 18, 2006, and on January 12, 2015, a summary order of KRW 3 million as a fine for the same crime from the Ansan Friwon on January 12, 2015.

On 26, 2016. 22:23, the Defendant driven B 2 cargo vehicle under the influence of alcohol content of 0.075% while under the influence of alcohol without obtaining a driver’s license from around 730-20 to the vicinity of the valley High School located in the same Dong and Dong from around 800 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of drivers working at the driving, report on the circumstances of driving at driving at the driving and the register of drivers' licenses;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine for punishment (the fact that the defendant has been punished for the same kind of crime twice, that the defendant committed the instant crime again at the time when only one year has not passed since he was punished for the second crime of drinking alcohol driving, which was under the period of suspended sentence due to the second crime of drinking, etc., considering the fact that the defendant recognized his mistake and reflects it, that the driving distance is about 800 meters, that the driving distance is only about 800 meters, and that the alcohol concentration in blood is less than 0.1% (075%) at the time of the crime, and that there is an obstacle to the defendant, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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