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(영문) 창원지방법원 밀양지원 2014.05.28 2014고단158

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 20, 201, the Defendant was sentenced to a fine of 800,000 won for the violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling support on July 20, 201, and on January 2, 2013, the Defendant was sentenced to a suspended sentence of 6 months for the same offense, and the said judgment became final and conclusive on January 10, 2013.

On 15:00 on 14. 15:00 on 14. 2014, the Defendant driven C Hatoba in approximately 500 sections before the LH apartment apartment center center located in the same Dong and under the influence of alcohol of 0.098%, while under the influence of alcohol of 0.09%.

As a result, the defendant driving a motorcycle without a motorcycle driver's license, and at the same time, has violated the regulations on prohibition of drunk driving more than twice, and has again driven a motorcycle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. A written statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The register of driver's licenses and registration statement on the vehicle;

1. Previous records of judgment: Criminal records, etc. inquiry reports and application of Acts and subordinate statutes (three copies of judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment (the nature of the crime committed during the period of suspension of execution of punishment is inferior, but against the nature of the crime, taking into account the nature of the crime, the numerical value, driving means and patterns, the age of the defendant, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;