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(영문) 서울중앙지방법원 2020.04.17 2019고단7731
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 300,000.

If the above fine is not paid, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On January 16, 2020, the Defendant was sentenced to 2 years of imprisonment and 3 years of suspended execution for the violation of the Road Traffic Act, etc. in the Goyang Branch of the District Court on January 16, 2020, and the above judgment became final and conclusive on January 24, 2020.

At around 07:10 on September 16, 2019, the Defendant driven a D motorcycle without obtaining a driver's license at approximately 200 meters distance from the front of Gwanak-gu in Seoul to the front of the same Gu C on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes (the High Court's High Court's High Court's High Court's High Court's High Court's 2913, 3392);

1. Relevant Act of the crime and subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the crime;

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment are as follows: (a) the Defendant is not well aware of the fact that he did not drive without a license even though he was under the influence of alcohol for a long time, and the offense in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act and the instant offense should be considered at the same time to be judged; (b) the sentencing conditions in the instant trial process, such as driving distance, driving distance, the Defendant’s age, character and behavior, family relationship, family environment, family environment, health conditions, motive and means of the offense, and circumstances after the offense

The acquittal portion

1. On January 23, 2020, the Defendant was sentenced to a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on January 23, 202, and on January 16, 2020, the Defendant was sentenced to imprisonment for two years for a violation of the Road Traffic Act (driving) and suspended sentence for three years on January 24, 202, and the said judgment became final and conclusive on January 24, 2020.

The defendant is at least 0.044% of blood alcohol concentration at the same time and place as the crime in the judgment.

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