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(영문) 수원지방법원 2020.05.22 2020고단416
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 17,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2019, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court on February 20, 201.

【Criminal Facts】

On January 12, 2020, at around 22:30, the Defendant driven an E-R under the influence of alcohol concentration of 0.194% without obtaining a driver's license in the 3km section from the Do near the restaurant "C", which is located in "C," to the front of the D apartment in the e-mail.

As a result, the defendant violated the prohibition of drinking driving more than twice, and simultaneously drives without a license.

Summary of Evidence

1. Defendant's legal statement;

1. On-site survey report, traffic accident report, drug map and photograph, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), and report on the results of the control of drinking driving;

1. License register;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (suspects' records of drinking driving);

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

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act;

1. Selection of selective fine;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of being punished for drunk driving as stated in the judgment, the fact that the Defendant again committed the instant crime without a driver’s license for more than one year from the time of such punishment is disadvantageous to the Defendant.

The fact that the defendant recognizes the crime of this case and that the defendant has no other criminal records except before the judgment of the defendant is favorable to the defendant.

Other factors of sentencing indicated in the records, such as the age, character and conduct, motive and background of the crime, results and circumstances of the defendant, etc., shall be determined as per Disposition.

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