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(영문) 창원지방법원 2019.09.06 2019고단1744
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Criminal facts

1. On January 14, 2019, the Defendant, without obtaining a driver’s license (unlicensed driving) on or around January 16, 2019, driven an rocketing car within a seven km section from the roads near the YY B building in Busan, to the roads near the Gyeongnam-si, Yangsan City.

2. Around 23:10 on January 14, 2019, the Defendant violated the Road Traffic Act (driving a sound driving) driven approximately 2 meters of the Erocketing car at the parking lot in the Geum-gu, Busan, under the influence of alcohol concentration of 0.192%.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, G, and H;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, report on circumstantial statements, 112 reported case handling records, and driver's licenses;

1. Article 148-2 (2) 2, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 of the Road Traffic Act; Article 43 of the Road Traffic Act; the selection of fines for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 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 of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that a driver without a license may cause a traffic accident and may cause damage not only to an individual but also to another person's life and property, and thus, it is highly dangerous to punish the person with severe danger.

The defendant is driving without a license, and the blood alcohol concentration was high, and the defendant was punished for the violation of the Road Traffic Act (unlicensed driving).

However, the distance of drinking driving is very short, and the equity in the case of being sentenced to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is currently pending in the appellate court, and the defendant's age, character and behavior, environment, motive for the crime.

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