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(영문) 서울동부지방법원 2019.08.13 2018고단4103
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On November 11, 2018, the Defendant driven a DNA car from around 500 meters from the front side of Songpa-gu Seoul to the front road of Songpa-gu Seoul, while under the influence of alcohol 0.106% without obtaining a driver’s license at around 00:40 on November 11, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each photograph;

1. Report on the ledger of driver's licenses, records of measurement of drinking, and results of the control of drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has driven a vehicle without a license under the influence of alcohol, and the liability for the crime is not to be minor.

However, the defendant recognized the crime of this case as committing the crime of this case, and during that period, the first offender who has no record of criminal punishment is considered as favorable to the defendant, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all other circumstances that form conditions for sentencing as shown in the trial process shall be determined as ordered by considering comprehensively the defendant's age, character and behavior, environment, motive, means and consequence of the

Public Prosecution Rejection Parts

1. The summary of the facts charged is that the Defendant is a person engaged in driving of a DNA car.

On November 11, 2018, the Defendant, while driving the above vehicle at around 00:40, and driving the road of one lane in front of Songpa-gu Seoul Metropolitan Government C from E to the radio wave range. The Defendant neglected to do so while under the influence of alcohol.

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