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(영문) 서울중앙지방법원 2020.07.22 2020고단2675
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

On January 21, 2019, the Defendant was issued a summary order of KRW 3 million by Seoul Southern District Court due to a violation of the Road Traffic Act.

On April 3, 2020, at around 01:54, the Defendant driven a B lus vehicle under the influence of alcohol concentration of about 0.147% without obtaining a driver's license in the section of approximately 6.8km from the Newdong in Gangnam-gu, Seoul to the front of the 73-ton-gu Tri-gu, Seoul, on the distribution of Seocho-gu.

As a result, the defendant violated the prohibition of drinking driving more than twice, and at the same time, driving without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is to be determined as follows: (a) there is no other previous conviction except for the criminal facts stated in the reason for sentencing; (b) the Defendant appears to have driven a breathely as a result of failure in his/her proxy driving; (c) the Defendant, as a company member, is likely to be subject to dismissal if he/she selects imprisonment and declares a sentence of punishment; and (d) the confession of the instant crime and reflects his/her depth.

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