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(영문) 수원지방법원 성남지원 2016.08.17 2016고단456
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal history] On April 21, 2008, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court to a fine for a violation of road traffic laws (drinking driving), and on February 12, 2012, the Seoul Central District Court issued a summary order of KRW 4 million for a violation of road traffic laws (drinking driving).

[2] On February 18, 2016, the Defendant was under the influence of alcohol level of 0.068% from blood alcohol level without obtaining a driver’s license on February 18, 2016, the Defendant driven a Bbera cruise car at approximately 10km from the front side of the nes cafeteria cafeteria in Gangnam-gu Seoul Metropolitan Government, Seoul to the front side of the 208 Sungnam-si, Sungnam-si, Ynam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the ledger of driver's licenses;

1. Criminal history: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment for the crimes of violation of Road Traffic Act, between the crimes of violation of Road Traffic Act, and the crimes of violation of Road Traffic Act (non-licensed driving), and the crimes of electronic crimes);

1. Selection of an alternative fine for punishment;

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

1. The decision to select a fine in consideration of the Defendant’s first alcohol driving on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act and the Defendant’s degree of alcohol concentration in each blood of the instant drinking driving is 0.06% higher than that of the instant drinking driving, and the sentence shall be determined as per the order.

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