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(영문) 창원지방법원 2016.05.11 2016고정159
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 6, 2015, at around 01:57, the Defendant driven, without a driver’s license, a 50-meter B rocketing car from the front day of the human terter, which is under the influence of 0.106% of alcohol during blood while driving, to the front day of the 137-8 front road of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the details of the violation of the Traffic Act (non-license or drinking), the report on detection, the circumstantial statement of the driver in charge of driving, the decision on the suspension of driver's license

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act [ favorable circumstances] of the Criminal Procedure Act for the order of provisional payment / The defendant is a disabled person of grade 3 with physical disability, is a basic living recipient, the defendant is not healthy due to acute hepatitis, etc., and the defendant supports his/her mother / [unfavorable circumstances] The defendant has already been punished two times due to drinking driving by double (including driving without license for one time) and has the record of being sentenced to a fine and suspension of sentence six times. The prosecutor filed a request for a summary order of KRW 5 million with respect to the instant crime, but the summary order of KRW 4 million was issued in consideration of the above favorable circumstances.

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