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(영문) 창원지방법원 밀양지원 2014.08.07 2014고단209
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 12, 2010, the Defendant was sentenced to four months by the Changwon District Court to imprisonment for a violation of the Road Traffic Act (driving), etc., and was sentenced to four months by imprisonment for a violation of the Road Traffic Act (driving) in the Changwon District Court’s smuggling on September 21, 2011.

On April 3, 2014, around 20:05, the Defendant driven 49c 0c occ under the influence of alcohol while under the influence of alcohol without obtaining a license for a motorcycle in approximately 800 meters section from the front day of the Hanyang Hayang-Eup Fisheries to the roads adjacent to the same Ri located in the same Ri.

Accordingly, the defendant, who has violated the prohibition of driving under the influence of driving under the influence of alcohol not less than twice, once again driven a motorcycle without a license of a motorcycle in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment to the same type of crime records), such as criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment (the nature of the crime committed during the period of repeated crime is inferior, but it reflects the nature of the crime, such as means and mode of driving, circumstances leading to the detection, age of the accused, etc.);

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

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

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