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(영문) 수원지방법원 여주지원 2020.04.08 2019고단1338
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

(criminal power) On February 1, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on February 1, 2007, and a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the inn branch of Suwon District Court on March 29, 2019.

(Criminal) On November 21, 2019, at around 21:15, the Defendant driven a e-learning car under the influence of alcohol concentration of about 0.054% without a motor vehicle driver’s license from “C” to “C” located in the Gyeonggi Pyeong-gun B, G, and the front of D.

Accordingly, the defendant was driving at least twice, while driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Registers of driver's licenses;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes governing summary orders;

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 Competition;

1. Selection of an alternative fine for punishment;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the Defendant once again driven a license without drinking alcohol even though the record of drinking driving was twice.

However, the blood alcohol concentration at the time of crime was relatively low.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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