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(영문) 창원지방법원 마산지원 2018.09.14 2018고단695
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On September 2, 2016, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Musan Branch on September 2, 2016, and the Defendant was issued a summary order of KRW 2 million for the same crime at the Changwon District Court on June 12, 2017.

On June 12, 2018, at around 00:11, the Defendant driven B k7 vehicles under the influence of alcohol content of about 0.103% in blood without obtaining a driver’s license from the section of approximately 200 meters from the front of the restaurant to the front of the parking lot for the vegetable apartment located in the Dong-dong 2-dong of the same new-dong.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the same type of force);

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 in the order of provisional payment has the record of being punished for driving under influence of alcohol.

However, the punishment as ordered shall be determined in consideration of the fact that he/she does not repeat again while reflecting his/her mistake in depth, that there is no record of a crime heavier than a suspended sentence, and that there is no record of a crime heavier than a suspended sentence, and other factors such as the defendant's age, occupation, driving background, driving distance

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