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(영문) 수원지방법원 안산지원 2020.06.17 2020고단37
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

[criminal power] On July 7, 2017, the Defendant was issued a summary order of a fine of four million won for a violation of the Road Traffic Act at the Ansan District Court's Ansan Branch, and on November 14, 2019, the Defendant was sentenced to a fine of six million won for a violation of the Road Traffic Act at the Suwon District Court's Ansan Branch.

【Criminal Facts】

On December 10, 2019, at around 06:05, the Defendant, without a car driver’s license, driven an Eystren vehicle in the state of alcohol 0.036% of the blood alcohol concentration from the 20-meter section from the Gyeonggi Lighting Parking Lot to the front road of D Elementary School in the same city C, without a car driver’s license.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a vehicle without a driver's license.

Summary of Evidence

1. Investigation report by the accused on the actual condition of traffic accidents in his/her legal statement and the actual condition report by the accused to investigate into the ledger of driver's licenses (in the case of disqualified persons as referred to in this Agency, the inquiry report by the driver), dump measuring instruments;

1. Previous records before ruling: Criminal records and other inquiries; references made to references; amounts to dispositions; reports on results; and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records as the suspect);

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. Selection of a fine for the selection of a sentence under Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (i.e., repeated crimes of the same kind during the single period but the blood alcohol concentration is very low and the case was filled by applying the Badmark official);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

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

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