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(영문) 수원지방법원 2020.03.26 2019고단7240
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 November 26, 2018, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court due to a violation of the Road Traffic Act.

On October 22, 2019, the Defendant driven a B car without obtaining a driver's license, while under the influence of alcohol of about 0.054% in five meters prior to the roads of the 130th National Maritime Police Agency in Yeonsu-gu Incheon National Maritime Police Agency.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of the operation of a motor vehicle;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports (report on confirmation of criminal records), and 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 Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was punished by a fine due to a drunk driving in 2018, and accordingly, the driver’s license was revoked on December 15, 2018.

Nevertheless, it is necessary to impose severe punishment in that a person was engaged in driving under the influence of alcohol without a license, and since June 25, 2019, the penal provision for drunk driving was strengthened, and the defendant was also engaged in driving under the influence of alcohol in this case, even though he was able to easily have access to such circumstances through the media.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of punishment in excess of a fine, and that there is no record of punishment, and other various circumstances that form the conditions for sentencing as shown in the records, such as the age, character and conduct, and environment of the defendant, the punishment as ordered shall

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