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(영문) 창원지방법원 진주지원 2013.11.13 2013고정593

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 24, 2011, the Defendant is a person who has violated the influence of alcohol twice or more due to a violation of the Road Traffic Act (driving) such as a fine of 1.5 million won in the Changwon Support, and a violation of the Road Traffic Act (driving) on July 27, 2013.

Nevertheless, around 00:31 on August 03, 2013, the Defendant, while under the influence of alcohol content of 0.087% during the period of suspension of a driver’s license at another time (from August 3, 2013 to November 10 of the same year), was driving a B earth and car equivalent to 300 meters prior to the front road of the Jinju-dong, which is located in the same Dong on the roads front of the Jinju-dong, while under the influence of alcohol content of 0.087%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a report on the circumstantial statement of a host driver;

1. Application of Acts and subordinate statutes to criminal records and the results of regulating drinking driving;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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;