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(영문) 창원지방법원 통영지원 2017.11.17 2017고단1316
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On May 29, 2015, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's branch on May 29, 2015, and on February 9, 2017, the Defendant was sentenced to nine months of imprisonment for a violation of the Road Traffic Act (drinking driving) at the Changwon District Court's branch branch on February 9, 2017, and was sentenced to two years of suspended sentence, and the judgment became final and conclusive on February 17, 2017, and violated the prohibition of drinking driving regulations

[Criminal facts] On June 17, 2017, the Defendant driven a F body-man car under the influence of alcohol concentration of about 0.103% without a driver’s license from around 10km to the 748 km-ro, Seoul Special Metropolitan City, Nonghyup-si, Seoul Special Self-Governing Province (hereinafter “Seoul Special Metropolitan City”) at around 05:30 on June 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Each report on investigation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to such previous rulings, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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 requires strict punishment in that it is a crime of drinking alcohol again committed during the suspension period of the last previous conviction.

However, at the time of this case, the blood alcohol concentration was very high.

It is not possible to do so, and it is recognized that the defendant's mistake is all recognized, and depth is divided, and it is also possible to scrap the crime vehicle in the judgment and prevent recidivism.

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