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(영문) 창원지방법원 2017.05.30 2017고단441
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On August 23, 2010, the Defendant was issued a summary order of a fine of 1.5 million won at the Changwon District Court for a crime of violating the Road Traffic Act. On September 28, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act in the same court on September 28, 2016, and was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act, and the said judgment became final and conclusive on October 6, 2016.

On January 22, 2017, the Defendant driven a E Car under the influence of alcohol content of 0.082% while under the influence of alcohol content at around 60 meters without obtaining a driver’s license for a vehicle at approximately 60 meters on the front road of the “Gink Last-si in Myanmar” located in the same Eup on the road located in the same Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of violations of traffic laws (drinking or non-licensed) on roads;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions: Application of inquiry statements, investigation reports (the period of probation and confirmation of the same kind of criminal records), such as criminal history;

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 a selective fine for punishment (the nature of the crime is not good due to the crime committed during the period during which the punishment is suspended, but there is no same criminal record for the defendant, other than the criminal record in the judgment, and all of the criminal records for the same crime committed by the defendant are about minor fine and minor fine, the defendant disposes of the vehicle by putting the error in depth and makes it hard to reach recidivism; the accident at the time of the crime in this case did not reach the accident at the time of the crime in this case; and the amount of alcohol concentration among the blood of the defendant did not significantly increase); and

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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