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(영문) 창원지방법원 마산지원 2013.04.17 2012고합186
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, 50,000 won.

Reasons

Punishment of the crime

On March 28, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the Changwon District Court's Mapo Branch's imprisonment on August 28, 2012, and such sentence became final and conclusive on April 5, 2012, and is currently under the suspended sentence. On February 23, 2009, the Defendant was sentenced to a summary order of 1.5 million won or more due to a violation of the Road Traffic Act at the Changwon District Court's Changwon District Court's order of summary order issued on February 23, 209.

On September 6, 2012, at around 16:40, the Defendant driven the CCA110 Epia in a section of approximately two kilometers from the front of the apartment road in the Changwon-si, Changwon-si to the Junggu, Changwon-si, Changwon-si, Seowon-si, who is under the influence of alcohol by 0.059% of the blood alcohol concentration without a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of a driver, report on the status of a driver, and the register of driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes binding a summary order (No. 2008 Gowons Act, No. 41016), such as criminal records, etc., submission of inquiry reports, Changwons Act, 201 Gowons Act, 820, Gowons Act, etc.;

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 2 of Article 154 and Article 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;

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

1. In light of the fact that the defendant was already punished several times due to drinking driving or driving without a license under Article 334(1) of the Criminal Procedure Act, it is necessary to punish the defendant strictly.

However, the fact that the defendant is aged, the mistake is divided and reflected, and all other conditions of sentencing, such as character and behavior, environment, background of the crime in this case, circumstances after the crime, etc., are attached.

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