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(영문) 창원지방법원 2018.11.29 2018고단2072

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On August 30, 2013, the Defendant is a person who drives a motor vehicle under the influence of alcohol on at least two occasions after having received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million due to a violation of road traffic laws (driving), and a fine of KRW 5 million due to the same crime at the Changwon District Court on November 21, 2016.

On May 31, 2018, the Defendant, at the entrance of the first floor parking lot of the 10th floor of the Sungwon-si B building in Changwon-si, Changwon-si, B, from around 10 meters to the front road of the building, driven a C-crin car without obtaining a driver’s license, with a alcohol content of about 0.356% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. (1) On-site investigation reports and photographs;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A report on the detection of a primary driver;

1. The driver's license ledger (No. 7 No. 540, Mar. 1, 19

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and the application of the previous and second Acts and subordinate statutes of the 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed the instant crime even though he/she had been punished for the same kind of crime on several occasions, and the defendant's blood alcohol concentration was very high at the time. Furthermore, on April 20, 2018, this court was sentenced to imprisonment with prison labor for 10 months for special injury and was sentenced to 2 years for suspension of execution, and it is not good that the crime was committed again without being sentenced to 10 months for suspension of execution. However, even though the above crime was committed for the same crime, it is not very good that the crime was committed for the same crime, and that it was punished for the same kind of crime, it is the first head of the judgment.