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(영문) 창원지방법원 2017.03.31 2016고단3838
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On October 29, 2007, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating road traffic laws at the Changwon District Court on November 23, 2009, and a fine of KRW 2.5 million for a crime of violating road traffic laws at the same court on November 23, 2009, respectively. On April 21, 2016, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws.

[2] On November 2, 2016, the Defendant driven a Bcoon car with alcohol content of 0.059% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license in a section of about 300 meters in front of the center distance of Seongdong-gu, Sungwon-si, Sungwon-si, Sungwon-si, Seoul Metropolitan City, with the same flow distance prior to the same flow distance, and driving the Bcoon car at around 0.059%.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order has already been punished four times due to drinking driving, and the last previous conviction was subject to a suspended sentence of imprisonment, but the recidivism was committed within a short time without being aware of it.

Furthermore, the Defendant was driving a vehicle by leasing the vehicle even though the license was revoked due to driving on the front line, and thus it was impossible to drive the vehicle.

However, the defendant reflects his fault in depth.

The degree of state practice is not severe.

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