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(영문) 창원지방법원 마산지원 2020.06.16 2020고단341
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 2, 2020, at around 03:20, the Defendant driven a motor vehicle of 13 km in the direction of the Changwon-si, Seongbuk-gu, Sungwon-si, with no driver’s license, while under the influence of alcohol of 0.054% in blood alcohol concentration without a driver’s license, on the road of approximately 13 km in front of Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (3) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Aggravation of concurrent crimes with the punishment determined for a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 5 million won;

2. Not applying the sentencing criteria: Non-establishment of the sentencing criteria;

3. Where he/she is punished by imprisonment with labor for one year.

4. The Defendant, who was sentenced, driven a motor vehicle in a state of non-license and drinking.

Despite the fact that juvenile protective disposition three times (2010) and two times (2017, 2019) have been punished due to a licenseless driving, a licenseless driving was even conducted in the state of drinking.

The punishment for another crime is sentenced to imprisonment on October 25, 2019 after the prison term, and the punishment is released from prison on October 25, 2019, and there is a greater room for criticism during the period of repeated crime.

However, the defendant recognizes the crime.

The driver did not cause a traffic accident while driving.

In the blood alcohol concentration of 0.054%, the state of exploitation is relatively serious.

In the past, the driverless driving of a motor bicycle is all driving of a motorcycle, and the driverless driving of a motor vehicle is the first time.

There is no drinking prior to drinking.

(b) other.

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