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(영문) 수원지방법원 2020.06.18 2020고단1512
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 December 19, 2018, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

On December 25, 2019, at around 21:39, the Defendant driven a D G80-car without obtaining a driver's license with a blood alcohol level of about 0.196% in the 5km section from the underground parking lot of the B building to the underground parking lot of C apartment of the same city.

Summary of Evidence

1. Defendant's legal statement;

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

1. The ledger of driver's licenses of defendants;

1. Previous records: Application of criminal records, inquiry reports and summary order-related 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. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which has recently been sentenced to a fine due to drunk driving, was to drive the instant drinking vehicle in a short time without permission even though the defendant had a record of being sentenced to a fine due to the recent drinking driving, and at the same time, it causes physical damage, such as causing contact with six vehicles parked in the apartment parking lot in the apartment site, and the nature of the crime is not good.

However, taking into account the fact that the defendant recognized his mistake and reflects, the fact that there is no previous conviction other than the above previous one, etc., the defendant's age, attitude, family relationship, circumstances of operation, distance, blood alcohol concentration, circumstances after the crime, etc., and the various sentencing conditions shown in the records and arguments shall be determined as ordered.

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