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(영문) 수원지방법원 2020.06.12 2020고단917
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Punishment of the crime

On October 4, 2019, the Defendant was issued a summary order of KRW 7 million by the Suwon District Court due to a violation of the Road Traffic Act.

Nevertheless, on December 9, 2019, the Defendant was under the influence of blood alcohol level of 0.067% without obtaining a driver’s license on December 21, 2019, and operated a car with 25 km CMW 520d in front of the 2nd unit located in the 2nd unit of the 2nd unit located in the 2nd unit in Suwon-si, Suwon-si.

Accordingly, the defendant was driving a motor vehicle in violation of the prohibition of drinking driving more than twice, and driving a motor vehicle without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the case, report on the situation of driving without a license, report on the situation of a driver without a license, investigation report (report on the circumstance of a driver without a license), and report on the results of the control of drinking driving;

1. Registers of driver's licenses, copies of statements on revocation of licenses, investigation reports (to hear the statements of police officers issued with a driver's license (Revocation of driver's license) related to administrative disposition due to a suspect's drunk driving and append copies of a driver'

1. Records of judgment: Application of criminal records, inquiry reports, and summary order Acts and subordinate statutes;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant, whose driver’s license was revoked on October 10, 2019 due to the above drunk driving, has a record of driving under influence, and the quality of the crime is not exceptionally applied.

Since the Defendant was punished as a drunk driving around October 2019, the Defendant was re-licensed for about two months after he/she was punished as a drunk driving, the possibility of criticism is also significant.

However, the defendant is not a party.

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