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(영문) 창원지방법원 거창지원 2017.06.09 2017고단111

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 23, 2014, the Defendant was issued a summary order of KRW 5 million for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's window support on December 23, 2014, and on October 19, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime, etc. at the Changwon District Court's Changwon District Court's window support on October 19, 2016, and was on two or more occasions.

On March 30, 2017, at around 19:51, the Defendant driven C Poter Cargo under the influence of alcohol concentration of about 0.127% without obtaining a driver’s license, from the front of the warehouse of this Ministry-U.S., U.S., Gohap-gun, Kimcheon-gun, to the front of the 1km road in the same Dolcheon-gun, Dolcheon-gun, the Defendant driven C Poter Cargo under the influence of alcohol concentration of 0.127% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver's license while on duty and a report on the circumstances of the driver's license;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of the Acts and subordinate statutes of 5 copies, such as inquiries about criminal history, investigation reports (verification of the same records as the accused), and judgment text;

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 a fine for selective punishment (the defendant has been punished several times for the same kind of crime, and the defendant should be punished for severe punishment in light of the fact that the defendant has committed a second offense even during the period of suspension of execution, but the defendant should not again drive a drinking without permission, if he/she acknowledges his/her mistake;

A fine shall be imposed only once, in consideration of the fact that the defendant is dependent solely on the defendant due to the difficulties of other families to support him/her in economic independence, and the fact that other families, including the defendant's family, are trying to guide the defendant, and the defendant's wife is sought.