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(영문) 창원지방법원 2016.04.08 2015고단3336
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On May 13, 2008, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court, which was sentenced to a summary order of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on September 7, 2009, which was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on November 29, 2010, which was sentenced to a summary order of two million won for a crime of violating the Road Traffic Act at the Changwon District Court on November 29, 2010, and on August 26, 2014, the above judgment became final and conclusive on September 3, 2014.

On October 3, 2015, around 10:20, the Defendant driven a car with approximately KRW 4 km from the front of the window in Changwon-si's Changwon-si's window to the front road in the 63rd road in Changwon-si, and without obtaining a driver's license, while under the influence of alcohol content 0.145% while under the influence of alcohol during blood, the Defendant driven a car with Category C Ra in the influence of alcohol content 0.145%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger (A);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reporting (Attachment to summary orders, etc.);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic 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 under Article 334(1) of the Criminal Procedure Act is that the Defendant, as stated in the facts constituting a crime in the judgment of the court below, was sentenced to a suspended sentence for a crime of violation of traffic laws on roads, and was under the suspended sentence, the Defendant again committed the crime of this case under the same condition without a license, is the reason for sentencing unfavorable to the Defendant.

On the other hand, the defendant's mistake and reflects it, and the defendant's dwelling at his own house on the day of the crime of this case.

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