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(영문) 창원지방법원 통영지원 2018.03.23 2017고단1866
도로교통법위반(음주운전)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence for six months on March 29, 2013 by imprisonment with labor for a violation of the Road Traffic Act at the Busan District Court, etc. On December 2, 2015, the Defendant received a summary order of a fine of five million won for a violation of the Road Traffic Act at the Changwon District Court’s branch on December 2, 2015, and on April 14, 2017, the Defendant was sentenced to a suspended sentence of two years on April 22, 2017 by imprisonment with labor for a violation of the Road Traffic Act (drinking) and on April 22, 2017.

【Criminal fact-finding on October 22, 2017, the Defendant driven a two-wheeled vehicle with approximately KRW 1 km alcohol content 0.088% in blood while under the influence of alcohol without a driver’s license from the front side of the Busan Mauri Park, Busan Mauri Park, to the front side of the port of exit No. 2 in the same city, from around 01:15 on October 22, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of alcohol, reports on the circumstances of the driving driver, investigation reports (report on the situation of the driving driver), reports on the situation of driving without licenses, registers of driver's licenses, and inquiries about the causes of disqualification;

1. Previous convictions in judgment: Application of a reply letter to inquiries, such as criminal history (A), investigation report (report on the fact of suspended execution and the confirmation of the same record);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 Provisional Payment Order is that the defendant drives a vehicle without a license under the influence of alcohol, even though he/she had been punished several times due to drinking (two times of suspended execution, and one time of a fine).

However, it is not possible to drive a vehicle under the influence of alcohol without a license, and the defendant is depthed after the crime of this case.

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