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(영문) 창원지방법원 마산지원 2013.04.17 2012고합195
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On September 28, 2012, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Changwon District Court on September 28, 2012, and the judgment becomes final and conclusive on October 6 of the same year and is still in the grace period. On April 12, 2010, the Defendant was sentenced to a fine of KRW 3.5 million for a violation of the Road Traffic Act (abstining) at the Changwon District Court on April 12, 2010; and on November 5, 2007, the same court was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act

Criminal facts

Although the Defendant had been punished twice or more due to drunk driving, on October 29, 2012, at around 06:26, the Defendant, without a driver’s license, started driving CYFIIS passenger cars at approximately 500 meters from the road before the port of the common ambling in the Chang-si, Chang-si, Masan-dong, under the influence of alcohol concentration of 0.117%, while under the influence of alcohol at around 06:26, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. On-going reports, reports on the state of driver's licenses, reports on the state of driver's licenses, details of disposition on the cancellation of driver's licenses, register of driver's licenses, and car inquiry;

1. Previous records of judgment: Criminal records, inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes to investigation reports (a copy of judgment, etc. attached);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of an alternative fine for punishment;

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;

1. The reason for the sentencing of Articles 70 and 69(2) of the Criminal Act with respect to the act of driving under the influence of alcohol is that the act of driving under the influence of alcohol may cause a traffic accident and may cause damage not only to individuals but also to other infinite lives and property, and the risk of such damage is very high.

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