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(영문) 수원지방법원 2020.11.06 2020고단5268
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

On May 18, 2020, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court as a result of the violation of the Road Traffic Act.

At around 01:48 on June 14, 2020, under the influence of alcohol with 0.135% of blood alcohol level without obtaining a driver's license, the Defendant driven a vehicle with a 3 dyp B dypus drive from the vicinity of the Suwon-si river station located in the Youngcheon-si, Suwon-si, Sucheon-do to the new-wing elementary school distance located in the same Gu new-dong.

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

Summary of Evidence

1. Police interrogation protocol of suspect C on the defendant's court statement;

1. Report on the occurrence of the case;

1. Report on the circumstantial statements, investigation report, the circumstantial statements of the persons to be admitted to the drinking driver, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Criminal history records, reply reports (A) and application of Acts and subordinate statutes attached to 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 crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have a record of driving under the influence of alcohol, and on March 27, 2020, the criminal defendant whose driver's license was revoked on March 27, 2020, and the nature of the crime is not somewhat less than that of the blood alcohol concentration due to drinking of this case.

Since the Defendant was punished as a drunk driving in May 2020, and one month has not passed since he was punished as a drunk driving in May 202, the possibility of criticism is also significant.

However, the defendant recognized the crime of this case and divided his mistake, and the defendant is different from the above one fine.

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