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(영문) 창원지방법원 2014.03.25 2013고단3887
도로교통법위반(음주운전)등
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On October 30, 2009, the Defendant was sentenced to imprisonment with prison labor for six months with prison labor for a violation of the Road Traffic Act, etc. at the Changwon District Court on October 30, 2009; two years after suspension of execution; 1.5 million won as a fine for the same crime at the same court on April 30, 2010; and on November 25, 2010 at the same court, four months as the same crime.

On December 9, 2013, at around 17:40, the Defendant, without a driver’s license, driven a vehicle with a blood alcohol content of 0.146% 0.146%, which was driven by the Defendant, at approximately 10 meters later from the front of the Bosung Packaging, which was located in 142-170, 170, Seo-ro, 170-170.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver, a circumstantial report on a host driver, and a written statement D;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (a copy of judgment, etc.);

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

5. The reason for sentencing under Article 334(1) of the Criminal Procedure Act not only has the record of having been punished several times due to driving without a license for drinking, but also has been sentenced to four months due to the violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) at the Changwon District Court on November 25, 201, and on June 21, 2011, the above sentence was completely executed and the punishment for the crime is not less weak by driving without a license for drinking, even though it was in the period of repeated offense after the completion of the enforcement of the sentence.

However, in light of the fact that the defendant's mistake is recognized and is against the law, that the parked vehicle was driven at the neighbor's request, and that the driving distance is not long, etc., the sentence of punishment is more harsh than that of the defendant.

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