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(영문) 수원지방법원 안산지원 2014.11.21 2014고단2592
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

On December 9, 2011, the Defendant was sentenced to two years of imprisonment for violation of the Punishment of Violences, etc. Act (organization, activity of organization, etc.), four years of suspended execution, etc. in the Suwon District Court's Ansan Branch, etc. on the 17th of the same month, and the said judgment became final and conclusive, and is currently in the period of suspended execution, and is in violation of the Road Traffic Act (driving). On January 7, 2008, the Gwangju District Court was sentenced to a fine of KRW 700,000,000 at the Suwon District Court's Ansan Branch on May 22, 2013, and was sentenced to a fine of KRW 3 million in the

On September 14, 2014, at around 21:55, the Defendant driven a vehicle with approximately one meter E in front of D Apartment 909, without a driver’s license, while under the influence of alcohol with a blood alcohol concentration of 0.147%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and electronic documents to be notified as a result of the control of drinking driving;

1. Application of Acts and subordinate statutes of criminal history records, etc.;

1. Relevant Article of the Act on the Crime, Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving), Article 152 (1) of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of a punishment;

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

1. Selection of a selective fine for punishment (the error of a criminal defendant who committed a drunk driving during the period of suspension of execution, even though the criminal defendant was punished for a drunk driving during the period of suspension of execution; however, the criminal defendant's mistake is against his/her depth while recognizing the crime of this case; the criminal defendant's driving at a level of about 1m in the course of parking, and the criminal defendant's result of the suspension of execution is somewhat excessive disadvantage to the criminal defendant, etc.

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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