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(영문) 창원지방법원 마산지원 2013.04.17 2012고합184
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On January 16, 2012, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Changwon District Court's Busan District Court's branch on January 16, 2012, and on May 20, 2009, the Defendant received a summary order of KRW 2 million for the same crime from the Third Military Court's Department of the Army on May 20, 209.

On October 28, 2012, the Defendant, without obtaining a driver’s license on October 28, 2012, driven B draf motor vehicle from the section of approximately one kilometer to the front road of the Hemodong apartment located in Changwon-si, Changwon-si, Changwon-si, Changwon-si, in the state of drunk alcohol concentration of 0.197%.

Summary of Evidence

1. Defendant's legal statement;

1. On-going reports, reports on the state of driver's licenses, reports on the state of driver's licenses, details of disposition on the cancellation of driver's licenses, register of driver's licenses, and car inquiry;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment under Article 334(1) of the Criminal Procedure Act is that an act of driving under the influence of alcohol may cause a traffic accident and may cause damage not only to an individual but also to the life and property of any other person, which is highly dangerous. The defendant has a record of being sentenced to a fine twice due to a violation of the Road Traffic Act (driving) and thereby, again commits the instant crime while the driver's license is revoked, and thereby, commits the instant crime in the state where the driver's license is revoked, and the blood

However, the defendant was aware of the crime and made a mistake in depth.

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