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(영문) 창원지방법원 거창지원 2015.10.14 2015고정56
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

On November 25, 2011, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Changwon District Court's branch on November 25, 201, and on November 19, 2014, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

Although the Defendant had been punished twice or more for the crime of violation of the Road Traffic Act as above, on April 26, 2015, at around 20:30, the Defendant went to the front of the Green Cross located in Geumcheon-gun, the front of the Green Cross located in Geumcheon-ri, and again, he did not obtain a motorcycle driver’s license from approximately 200 meters prior to the said Green Cross to the front of the Green Cross, and driving B C 100 Oroba while under the influence of alcohol concentration of 0.123%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. A driver's license 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 facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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

1. Selection of fines;

1. Articles 70 (1) 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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