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(영문) 창원지방법원 진주지원 2020.06.09 2020고단386
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

[criminal power] On October 22, 2018, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on October 22, 2018.

【Criminal Facts】

On January 4, 2020, at around 21:05, the Defendant driven a Fmotor bicycle in the direction of the blood alcohol concentration of about 0.03% without a motorcycle driver's license from the front of the C cafeteria located in Jinju City, to the front of the E-school located in D.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol more than twice, and simultaneously driven the above motorcycle without a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control results of drinking driving, and investigation report (report on the circumstances of a drinking driver);

1. Registers of driver's licenses;

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

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the same Act concerning the facts constituting an offense;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant, even though he had a record of being punished as a drunk driving, once again, drives a drunk without a motorcycle driver's license. The fact that the responsibility for the crime is not weak is an unfavorable condition.

However, in full view of all the sentencing conditions, such as the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., which are shown in the records and arguments at the time of the crime of this case, there is no other criminal records other than the criminal records stated in the judgment of the defendant, and the blood alcohol concentration, driving distance, and other criminal records of this case.

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