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(영문) 창원지방법원 밀양지원 2014.08.29 2014고단226
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 24, 2001, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act (driving) in the Changwon District Court's smuggling Branch on August 24, 2001, and was sentenced to a fine of 2 million won for the same crime in the same court on November 12, 2004, and was sentenced to a fine of 70,000 won for the same crime in the same court on May 24, 2005, and was sentenced to a suspended sentence of 8 months in the same court on December 21, 2005.

On May 10, 2014, the Defendant, without obtaining a driver’s license at around 20:05, driven B cargo vehicles at approximately 10 meters away from the string to the adjacent roads, while under the influence of alcohol by 0.179% in blood alcohol concentration without obtaining a driver’s license.

As a result, the defendant driving a motor vehicle without obtaining a driver's license and at the same time violated the regulations on prohibition of drinking at least twice, and once again drives a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Reports on detection of drinking drivers, reports on detection of drinking drivers, and circumstantial reports on drinking drivers;

1. Registers of driver's licenses;

1. On-site photographs;

1. Previous records: Criminal records, etc. inquiry reports, previous records of dispositions, reporting on results of confirmation, and application of statutes of the judgment;

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;

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

1. Selection of an alternative fine for punishment (the nature of the crime committed during the period of suspension of execution of punishment is not good, but against the nature of the crime, the distance of driving, the circumstances leading to detection, etc.);

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

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

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