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(영문) 창원지방법원 통영지원 2016.09.22 2016고단967

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 July 19, 2012, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court's Dong Branch, and was sentenced to a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Busan District Court on March 17, 2014, and was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act at the Ulsan District Court on November 7, 2014, and was sentenced to a suspended sentence of six months for a crime of violating the Road Traffic Act at the Ulsan District Court on November 15, 2014, and the said judgment became final and conclusive on November 15, 2014.

Criminal facts

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking driving), on July 6, 2016, the Defendant driven a motor vehicle with a alcohol level C, which is about 7 km from the road near the Myeon Office at the Myeon Office at the Myeon Office at the Myeon Office at the Myeon Office at the same time, without obtaining a driver's license on July 6, 2016, to the first road before the front of the front school in the ditch, the Defendant driven a motor vehicle with a alcohol level of about 7km.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. License register and next inquiry;

1. Application of previous convictions and copies of written judgments;

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. Although the defendant had been convicted of a fine due to the driving of alcohol and driving without a license under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, he/she is unable to commit the crime due to drinking or driving without a license. In addition, the defendant's age, occupation, sex, family relation (which requires the support of the defendant and two children) as well as the circumstances before and after the crime of this case, etc. are determined by Article 51 of the Criminal Act.