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(영문) 창원지방법원 진주지원 2013.10.17 2013고정517
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

[criminal power] On July 24, 2012, the Defendant is a person who has a record of driving under the influence of alcohol at least twice by a fine of 700,000 won due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s Jinju branch on July 24, 2012, and on November 06, 2012, the same court received a summary order of 2 million won or more due to a violation of the Road Traffic Act.

On April 30, 2013, at around 22:15, the Defendant, without a driver’s license, driven a passenger vehicle with a 200-meter Bab B from the bus end point No. 35 of the former bus in Jinju-si to the front of the unscheduled frequency in the same Dong, while under the influence of alcohol of 0.088% of the blood alcohol concentration without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of statutes concerning criminal records;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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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