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(영문) 창원지방법원 2016.11.04 2016고단2656

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 30, 2013, the Defendant received a summary order of KRW 2 million from the Busan District Court to a fine for a violation of the Road Traffic Act. On May 11, 2016, the Defendant received a summary order of KRW 3.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act.

On July 24, 2016, at around 23:55, the Defendant, without a driver’s license, driven a vehicle of approximately 10 meters a volume B TworkraXXG car from the front of the datum datum of Jinininininininland located at 18, Jinininininininland, 0.083% of blood alcohol content without a driver’s license, to the front road of the datum of Jininininininininland located at 348, the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on the state of drinking drivers, the results of the control of drinking driving, and the notification of the completion of correction;

1. The ledger of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had been sentenced to a fine on two occasions within the last three years as stated in the facts constituting a crime of violation of the Road Traffic Act, is that the Defendant again committed the crime of this case under the same conditions without a license, is the reason for sentencing unfavorable to the Defendant.

However, the defendant repents and reflects his mistake, the blood alcohol concentration at the time of drinking alcohol driving in this case remains at the level of license suspension, the defendant's judgment of sentence to suspend execution or higher punishment has become final and conclusive, and the defendant's age, character and conduct, motive and means of committing the crime, and other favorable sentencing grounds such as the defendant's age, character and behavior, and the like.