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(영문) 창원지방법원 진주지원 2018.01.26 2017고정429
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 17, 2010, the Defendant was punished for violating Article 44(1) of the Road Traffic Act on more than two occasions, such as receiving a summary order of a fine of three million won due to a violation of the Road Traffic Act (drinking driving), and a fine of five million won due to the same crime, etc. from the Changwon District Court on December 11, 2014.

On January 21, 2015, the Defendant driven the said car under the influence of alcohol content of 0.62% in blood without a driver’s license on the 7km section from the front of the “Swelish in Denish, Swelish,” which is in the Swelish justice of Swelcheon-si around 18:30 to the front of the “Swelish,” which is located in Jincheon-si, Jincheon-si, to the front of the restaurant. On the same day, around 23:45, the Defendant driven the said car without a driver’s license on the 5km section from the front of the restaurant “Swelish” to the front of the restaurant “Swelish,” located under the influence of Swelish-si, Swelish-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to J or K;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Scenes and receipts of on-site photographs and CCTV caps;

1. Investigation report (referring to the second drinking numerical value, etc.);

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (report on the result of confirmation of previous convictions of the disposition, and attachment of the same military force);

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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