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(영문) 수원지방법원 2020.08.28 2020고단2201
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On March 13, 2009, the Defendant received a summary order of KRW 1,500,000 from the Suwon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On March 22, 2020, at around 0.137% of blood alcohol concentration, the Defendant driven Bone Star Co., Ltd in the section of about 150 meters from the road front of Suwon-si extension of the intercomponivity in Suwon-si, to the road front of Suwon-si, Suwon-si.

Around 16:30 on May 8, 2020, the Defendant driven B Costaex vehicle from the runway of about 961 to the 8km of the Osan City, Osan City, without a driver's license, at approximately 8km on May 8, 2020.

Summary of Evidence

"200 Highest 2201"

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (same-class electric records);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as report on the circumstances of driving without licenses and the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the selection of fines;

1. The former part of Article 37, and Articles 38 (1) 2 and 50 (to the extent that the maximum amount of the crimes of the above two crimes is aggregated) of the Criminal Act among concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, despite the fact that the defendant had been punished for a drunk driving as stated in its reasoning, committed the crime of drunk driving in this case again; there is no motive or circumstance to consider the crime of the crime of the drinking driving in this case; and the defendant committed the crime of the non-driving driving in this case without being tried by the person who was tried for the crime of the drinking driving

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