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(영문) 창원지방법원 2017.03.17 2016고단3666
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

[criminal history] On April 1, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court, and on June 14, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

[2] On September 11, 2016, at around 00:35, the Defendant driven a motor vehicle with C-A-hurburg without obtaining a driver’s license in a state of alcohol alcohol concentration of about 2km from approximately 0.092% to the Do square in front of the Do square located in the same Dondong, which is located in the gro-dong of the window of Changwon-si, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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 under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the Defendant, prior to two years, was not aware of the first suspension of indictment due to driving under the influence of alcohol, and was repeatedly subject to criminal punishment for driving under the influence of alcohol for a period of two years, and committed a second offense within a short time.

In particular, the defendant was sentenced to a suspended sentence of imprisonment with prison labor due to the third drinking driving in one year before the year, and the defendant was also subject to a suspended sentence of imprisonment with prison labor for only three months, and the license was revoked due to the driving of the preceding drinking.

However, the defendant reflects his fault in depth.

In order to improve wrong personality and behavior, such as alcohol ozone after the driving of drinking at once, it is difficult to keep a person under a continuous mental and medical treatment so that it will not repeat again.

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