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(영문) 창원지방법원 통영지원 2018.04.19 2018고단177
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On October 20, 2006, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on January 4, 2008, a fine of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's common support on January 4, 2008, and on March 2, 2009, at the Changwon District Court's common support on March 2, 2009, a summary order of KRW 2 million was issued. On March 24, 2017, the Defendant was sentenced to imprisonment for one year and a suspended sentence of two years as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's common support on March 24, 2017.

[ 범죄사실] 피고 인은 위와 같이 도로 교통법 제 44조 제 1 항을 2회 이상 위반하였음에도 불구하고 2017. 11. 11. 17:47 경 경남 고성군 고성읍 덕 선리에 있는 대평 마을 앞 도로에서부터 같은 읍 성내로에 있는 피자 듀엣 앞 도로에 이르기까지 약 1km 의 거리에서 자동차 운전면허를 발급 받지 아니하고 혈 중 알콜 농도 0.068% 의 술에 취한 상태에서 C SM5 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Investigation report (the application of the aforementioned dmark to the volume of drinking alcohol after the completion of operation);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and each investigation report (referring to the filing of previous convictions and previous convictions and binding of judgments during the period of suspension of execution);

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 an alternative fine for punishment;

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

1. The period of suspended execution, even though the defendant had been punished several times due to the violation of the Road Traffic Act due to drinking or non-licensed driving, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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