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(영문) 창원지방법원 통영지원 2018.03.15 2017고단1888
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of ten months on October 1, 2013 for a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court through the Changwon District Court’s branch, and on March 26, 2015, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court’s Changwon District Court on May 28, 2015, and the said sentence became final and conclusive on May 28, 2015, and thus the said suspended sentence becomes void and the parole period was expired on February 29, 2016 and on April 12, 2016 and five times of the execution of the sentence.

[2] On November 8, 2017, Defendant 1, who committed a violation of the Road Traffic Act (drinking) more than twice as seen above, driven C truck at a section of about 50 meters from the front of the Seosan steel product located in the same Dong and in the parking lot located in the same Dong with no driver’s license, while under the influence of alcohol at a level of 0.128% from the blood of around 22:10 on November 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (A previous convictions, report on criminal records attached thereto, and confirmation of suspect repeated crimes);

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

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 of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant drives a vehicle without a license under the influence of alcohol, even though he/she has been punished several times (one-time imprisonment, one-time suspension of execution of imprisonment, two times suspension of execution of imprisonment, and six times of fine) for violating road traffic laws, such as drinking, driving without a license.

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