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(영문) 창원지방법원 마산지원 2013.04.17 2012고합174
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

Criminal facts

On July 6, 2009, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act, and on October 27, 2011, the Defendant received a summary order of KRW 3,00,000 from the Changwon District Court to a fine of KRW 3,00 for a violation of the Road Traffic Act.

On October 1, 2012, at around 10:55, the Defendant driven a C Car under the influence of alcohol alcohol 0.166% without a car driver’s license from the front of the fashion tele-dong, Changwon-si, Changwon-si to the front road of the Yellow Carbon Drilla cafeteria, located in the same city synthetic Dong 340-17, the Defendant driven a C Car under the influence of alcohol 0.16% without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of a driver without a driver's license, a next-time inquiry, a disposition taken to revoke a driver's license, and a report on the situation of a driver without

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment under Article 334(1) of the Criminal Procedure Act is that an act of driving under the influence of alcohol may cause a traffic accident and may cause damage not only to an individual but also to the life and property of any other person, which is highly dangerous. The defendant has a record of being sentenced to a fine twice due to a violation of the Road Traffic Act (driving) and thereby, again commits the instant crime while the driver's license is revoked, and thereby, commits the instant crime in the state where the driver's license is revoked, and the blood

However, the defendant is aware of the crime and reflects the mistake in depth.

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