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(영문) 창원지방법원 밀양지원 2015.01.22 2014고단461
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 17, 2014, at around 21:30, the Defendant driven a C truck without obtaining a driver’s license, with approximately KRW 500 meters alcohol concentration at approximately 0.155% while under the influence of alcohol in the vicinity of the same city’s mobile oil station.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses and car registers;

1. Relevant provisions of Article 148-2 (2) 2, 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 (the nature of the crime committed during the period of suspension of execution of punishment is poor, but the crime is against his/her wrongness through confinement life for at least two months, and the circumstances leading to the crime in this case, the age, character and conduct, criminal records, etc. of the defendant are considered);

1. Articles 70 (1) 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;

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