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(영문) 창원지방법원 진주지원 2014.01.14 2013고단1258
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

[criminal power] On October 18, 2004, the defendant was sentenced to a fine of one million won as a crime of violation of the Road Traffic Act (driving without a license), a fine of one million won as a same crime in the same court on June 12, 2009, and a fine of one hundred thousand won as a same crime in the same court on October 22, 2009, the same court on October 22, 2009 sentenced to a suspended sentence of two years for four months, a fine of three million won as a crime of violation of the Road Traffic Act (driving) in the same court on July 25, 2012, and the same court on January 22, 2013 determined to be sentenced to a fine of one million won as a fine of one million won as a crime of violation of the Road Traffic Act (driving without a license) and a suspended sentence of one year as of February 6, 2013.

【Criminal Facts】

On November 9, 2013, around 04:10, the Defendant driven a BM520 vehicle under the influence of alcohol content 0.056% without a vehicle driver’s license at a section of about 50 meters from the front side of the Jin-si, which is located in the Pyeongtaek-dong of Jin-si, to the road after the Gin-si, located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Criminal records, each summary order, and application of statutes governing judgment;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a fine shall be made in consideration of the fact that the single-parent family supports three children who have chosen their punishment, and the fact that the punishment is the most important family and the blood alcohol concentration, etc.;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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