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(영문) 창원지방법원 2017.08.03 2017고단2037
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 05, 2017, at around 05:10, the Defendant driven a Bho-low-car under the influence of alcohol content of 0.127% while under the influence of alcohol without obtaining a driver's license from around 10km to the road in front of the Busan-dong Busan-dong Busan-dong Busan-do Busan-do, and the road in front of Kimhae-do, the Highway, Kim Jong-do, and the road in front of 10km.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of detection of drinking alcohol drivers;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of a selective fine for punishment (the defendant was sentenced to a two-year suspended sentence for a violation of road traffic laws at the Changwon District Court on August 12, 2016 and was sentenced to a two-year suspended sentence due to a violation of road traffic laws, etc., and also committed the crime of this case during the suspended sentence, and thus, the case is not easy.

However, it is hard to say that the defendant does not reach recidivism by breaking the defendant's mistake in depth, and considering the fact that the defendant is waiting for military service as university students, a fine shall be selected in consideration of the fact that the defendant is waiting for military service as university students.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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