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(영문) 창원지방법원 통영지원 2018.06.05 2018고단64
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[2] On January 6, 2012, the Defendant received a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Changwon District Court’s Tong branch on January 6, 2012; on April 11, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Changwon District Court’s Tong Branch branch on April 11, 2016; on August 30, 2017, the Defendant was sentenced to a suspended sentence of six months for imprisonment for a violation of the Road Traffic Act (drinking driving) and the judgment became final and conclusive on September 7, 2017.

[2] On December 7, 2017, the Defendant: (a) driven a C-learning car under the influence of alcohol content of 0.069% while under the influence of alcohol content, without obtaining a vehicle driver’s license, by finding about about 300 meters from the Cheong-dong Cheong-dong Cheongdong and the front day of potassa, to the front day of the first apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol, investigation report (report on the circumstances of the driver under the influence of alcohol), and

1. Previous convictions in judgment: Application of the Acts and subordinate statutes of inquiry letter, such as criminal history, investigation report (A), investigation report (the confirmation of previous history and report attached to the judgment);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

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, when the defendant committed a crime of violating the Road Traffic Act, the defendant committed a violation of the Road Traffic Act. However, the defendant's depth in this case, and other conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, health condition, circumstances leading to the crime, means and consequence, etc.

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