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(영문) 창원지방법원 진주지원 2017.10.20 2017고단658
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 March 27, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on March 27, 2009, and on November 16, 2015, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the same court.

On July 24, 2017, while under the influence of alcohol 0.091% during blood transfusion, the Defendant driven, without a driver’s license, B Poter vehicle owned by the Defendant from around 70 meters to the front road of the youth training center located in the Busan High School located in the Busan High School located in the Gyeongnam-gun, Busan High School to the youth training center located in the same Eup.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, driven the above cargo without a driver's license in the state of under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (referring to the same criminal records and reports);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1, and 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 which is heavier than 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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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