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(영문) 창원지방법원 밀양지원 2017.02.15 2016고단616
도로교통법위반(음주운전)등
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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

Criminal facts

On July 21, 2016, the Defendant was sentenced to a suspended sentence of two years for the six-month imprisonment with prison labor for intimidation on special existence and damage to special property in the Changwon District Court’s smuggling on July 21, 2016, and the said judgment became final and conclusive on July 29, 2016.

On September 22, 2016, the Defendant driven a B1 ton cargo vehicle under the influence of alcohol content of 0.220% without obtaining a driver’s license from the front of the mutual influent restaurant, the non-exclusive restaurant of which was held in the arrangement of the Eup, and from the front of the influent village of the same Eup to the front of the influent village of the same Eup, the Defendant was under the influence of alcohol content of 0.220%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a driving, inquiry into the results of crackdown on drinking driving, report on the circumstances of the driver driving a driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act without a license: Article 152 subparagraph 1 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 in the order of provisional payment is a very heavy crime that increases the possibility of an accident, and it is highly likely to be criticized in that a driver makes a mistake in that he/she knows his/her drinking or non-exclusive license even though he/she knows his/her state of drinking or non-exclusive license. The defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Unmanned Vehicles) in 2005, a violation of the Road Traffic Act (Act on the Aggravated Punishment, etc.) in the Road Traffic Act (Act on the Aggravated Punishment, etc. of Specific Crimes), a violation of the Road Traffic Act (Act on the Aggravated Punishment, etc.), a violation of the Road Traffic Act (Act on the Aggravated Punishment, etc.), and a violation of the Road Traffic Act (Act on February 1, 2013). In addition, the defendant has been sentenced

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