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(영문) 창원지방법원 진주지원 2016.04.27 2016고단93

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On April 11, 2008, the Defendant issued a summary order of KRW 1 million as a fine for a violation of road traffic law (driving), KRW 1.5 million in the same court on July 22, 2009, KRW 3.5 million in the same court on May 18, 2010, KRW 3.5 million in the same court on May 18, 201, and KRW 4 million in the same court on November 16, 2015.

On January 16, 2016, the Defendant, without obtaining a driver’s license, driven a vehicle at a distance of about 100 meters from the front day of the KT&&T in the same Dong from the day of “bee-bee-be,” which is located in the city of Jinju, while under the influence of about 0.145% of alcohol concentration among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, report on detection of a driver driving, inquiry about the results of crackdown on drinking driving (control case on January 16, 2016), and the register of driver's licenses of a motor vehicle;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, despite the fact that the defendant had been punished four times due to drinking driving, the crime of this case was committed. However, the crime of this case is not less complicated, but the defendant's new crime of drinking and non-licensed driving, such as reflecting his own criminal act and selling vehicles, etc., is relatively short, the distance of the defendant's driving is relatively short, and there is no criminal history other than the fine, and the records of this case, such as the defendant's age, sexual behavior, etc. favorable to the defendant.