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(영문) 창원지방법원 2015.08.19 2015고단1069
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 5, 2015, at around 03:25, the Defendant, without a driver’s license, driven a 150-meter B SM5 vehicle from the front of the new autonomous crime prevention vehicle office in the vicinity of the main sports site in the Changwon city, to the front of the new autonomous crime prevention vehicle office in the front of the main sports site in the Changwon city to the roads adjacent to the same Dong, while under the influence of alcohol concentration of 0.09%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, report on detection of a drinking driver, notice of the completion of correction, and report on the status of a drinking driver;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

1. Relevant statutory driving for a crime: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has repeatedly committed the instant crime even though he/she had been sentenced to a fine for the same kind of crime in the past, it is the reason for sentencing unfavorable to the defendant.

However, the fact that the defendant repents and reflects his mistake, the fact that there is no criminal history except the punishment of a fine due to drinking driving once after 203, the fact that the blood alcohol concentration level at the time of driving under the influence of alcohol in this case is not high, and the defendant's age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be considered and sentenced to a fine like the order in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act.

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