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(영문) 창원지방법원 2014.03.25 2013고단3790
도로교통법위반(음주운전)등
Text

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

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant is a person who, at the Changwon District Court on January 7, 2013, has been sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) and at the same court on August 13, 2013, sentenced to a suspended sentence of one year for six months of imprisonment for the same crime, etc. and has violated Article 44 (1) of the Road Traffic Act at least twice.

On October 6, 2013, the Defendant, without obtaining a driver's license on October 23:24, 2013, driven a Cma business car at a section of about 500 meters from the Samsung Digital Flaz parking lot located in the Sungwon-si, Sungwon-si, Sungwon-si, to the front road of the Dong department store located in the same Dong without obtaining a driver's license on blood alcohol level of 0,070%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

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

5. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had been punished several times for driving without a license since 2013. In particular, on August 13, 2013, the Changwon District Court sentenced one year of suspension of execution to six months of imprisonment due to a violation of the Road Traffic Act (driving) or a violation of the Road Traffic Act (Free License) at the Changwon District Court on August 13, 2013. On August 21, 2013, the Defendant did not know even though he was under suspension of execution and was under suspension of execution, and it was not less than two months from the date when the said judgment became final and conclusive, and thus, the Defendant did not seem to have committed the instant crime.

However, there is no high level of drinking water in this case, and the driving of this case did not cause a traffic accident, and other favorable circumstances are considered.

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