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(영문) 창원지방법원 마산지원 2016.05.10 2016고단122

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

[criminal history] On July 27, 2015, the Defendant violated the prohibition of drinking alcohol driving regulations at least twice by receiving a summary order of KRW 2,50,000,000 from the Changwon District Court Branch to a crime of violating road traffic laws (drinking on drinking), and on August 28, 2015, the same court issued a summary order of KRW 6,00,000 to a fine for the same crime.

[2] On December 30, 2015, the Defendant driven a BS car under the influence of alcohol concentration of 0.164% without a driver’s license from the section of about 10 meters from 129:0,000 to 125-1:0,000, the members of the Mag-si, Changwon-si, Changwon-si, the Defendant, at around 11:25, driven a BS car without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the detailed statement report on the situation of a driver placed in the main place, the report on detection of the driver placed in the main place, and the statutes governing the ledger

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on a person who commits a violation of the Road Traffic Act with heavier punishment);

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 sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

Unfavorable circumstances: A majority of the records of punishment for the same crime have been punished on August 28, 2015, and recidivism was conducted only for about four months after being punished as the same crime.

Even during the suspension period, the crime of this case was committed without being aware of it.

The amount of alcohol concentration in blood is high.

The favorable circumstances: Recognizing and opposing the facts charged in this case.

Considering that it is not a crime during the period of probation for the same crime.