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(영문) 창원지방법원 통영지원 2016.05.25 2016고단335
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

On June 30, 2009, the Defendant was notified of a fine of KRW 700,00,000 in Changwon District Court’s territorial branch on June 30, 200, and a fine of KRW 1 million in the same court on August 13, 2014.

On March 11, 2016, the Defendant driven a D-burled car with approximately 2 km 0.054% alcohol concentration in blood, while under the influence of alcohol, from the front of the hospital to the front of the city, the Defendant driven a D-burged car without the driver’s license, in a state of under the influence of alcohol concentration of about 0.054%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. Registers of driver's licenses and inquiries about the disqualifications of the main office;

1. Previous conviction: Application of a written inquiry about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a heavier drinking operation);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the Defendant driven alcohol without a license while driving the motor vehicle; (b) the period of punishment for the same kind of crime is not less than twice; (c) the amount of alcohol concentration in blood is relatively lower; and (d) the details and distance of driving and reflectivity are considered as favorable circumstances; and (c) other conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex behavior, environment, and circumstances after the crime, are taken into account; (d) the Defendant is given more opportunities to impose a fine and determine the amount thereof.

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