(영문) 창원지방법원 밀양지원 2019.05.30 2019고단46



Defendant shall be punished by a fine of KRW 6,000,000.

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


Punishment of the crime

On November 4, 2010, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s smuggling on November 4, 2010, and received a summary order of KRW 3 million for the same crime from the same support on November 22, 2018.

Although the Defendant violated the provision prohibiting driving under the influence of alcohol twice or more, on January 19, 2019, the Defendant driven the EM7 vehicle under the influence of alcohol without obtaining a driver’s license at a 1k section of approximately 0.117% alcohol concentration from the front day of the Cmatet located in CM in Pshyang City B to D at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses, reports on circumstantial statements of driving drivers, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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

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 selective fine for punishment (the following extenuating circumstances among the reasons for sentencing):

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the defendant was subject to punishment twice for the same kind of crime, and it does not seem to have been subject to punishment for the same crime before the amount of two months. In light of the fact that the defendant committed the instant crime without being subject to suspended execution even though he was in the period of suspended execution, it is recognized that the criminal liability of the defendant is not easy and it is necessary to punish the defendant with severe punishment.

However, the fact that the defendant has divided his mistake, that the defendant has not been punished for more severe punishment than the fine for the same kind of crime, and that the crime related to the previous offense which has caused the suspension of execution has been committed.