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(영문) 창원지방법원 진주지원 2014.05.21 2014고정94
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on April 7, 2008, issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act, and on September 24, 2013, issued a fine of KRW 3 million for a crime of violation of the Road Traffic Act at the Changwon District Court on September 24, 2013, and violated Article 44(1) of the Road Traffic Act at least twice.

On November 12, 2013, the Defendant, without obtaining a driver’s license at around 19:10 on November 12, 2013, driven a C Poter in a section of about 1km from the road front of the Defendant’s residence located in Gyeongcheon-si B, Gyeongcheon-si to the road at the entrance of the Southern Limit of the Southern Limit of the city at the same time, while under the influence of 0.28% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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 summary order and attachment report accompanied by a copy of judgment);

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 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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