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(영문) 창원지방법원 마산지원 2016.08.09 2016고단593
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

[criminal history] On December 24, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 90,000 for a violation of the Road Traffic Act (driving) at the Changwon District Court on February 9, 2009, a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on July 5, 2010, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on July 5, 2010, and on June 30, 2015, the Defendant was sentenced to a suspended sentence of two years for six months for a violation of the Road Traffic Act (driving) at the Changwon District Court's Changwon Branch Branch Branch on June

[2] On June 6, 2016, at around 00:03, the Defendant operated a motor bicycle at approximately 1km section of approximately 1km from the front of the mutual infinite-dong, Changwon-si, Changwon-si to the front side of the restaurant in the same Gu without obtaining a motor device driver's license from the section of approximately 1km from the front of the common infinite-dong, Changwon-si, Masan-si to the front side of the restaurant in the same Gu and without having obtained a motor driver's license from the part of approximately 0.188% of alcohol during the blood while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, reports on the circumstances of drivers, reports on the situation of driving of alcohol, registers of driver's licenses, and inquiries into mandatory insurance;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (applicable to the same type of judgment and attachment of summary order);

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (a person who has not mandatory insurance)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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