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(영문) 창원지방법원 밀양지원 2015.10.08 2015고정180
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On September 3, 2009, the defendant was sentenced to a summary order of 1.5 million won for the violation of the Road Traffic Act (driving) due to the violation of the Road Traffic Act, etc. in the Changwon District Court's smuggling support on September 3, 2009, and imprisonment with prison labor for the violation of the Road Traffic Act (driving) on September 7, 2012 with prison labor for eight months.

At around 14:40 on April 11, 2015, the Defendant, without a driver’s license, driven a B Ethp car in the state of alcohol of about 2 kilometers in the section of approximately 2 kilometers of blood alcohol concentration (0.128%) from the 102-dong Gareal apartment 102-dong Gae Gae-dong, to the road prior to the maintenance of the name of the Gaedong Gae-dong.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol, in violation of the provision that anyone shall not drive the motor vehicle while under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, 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;

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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