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(영문) 창원지방법원 2014.10.28 2014고정846
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months and a fine of twenty thousand five hundred won; and

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 19, 2010, the Defendant issued a summary order of KRW 1.5 million at the Changwon District Court to a fine for a violation of the Road Traffic Act, and on December 29, 2010, a summary order of KRW 700,000 for the same crime at the Ulsan District Court to a summary order of KRW 700,000 for the same crime and violated Article 44(1) of the Road Traffic Act at least twice.

[2014 high-level 846] On April 30, 2014, the Defendant driven Bbeer or car on the road at the entrance of the main apartment in the city of Kim Sea, which was under the influence of alcohol of 0.122% of blood alcohol level on April 30, 2014, from the entrance of the main apartment in the city of Kim Sea to the three-distance road at the entrance of the main branch office located in the same city of the State.

[2014 Highest 2157] On July 27, 2014, the Defendant driven Bbeer or car at a 1m section prior to “galgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalgalg

Summary of Evidence

[2014 High Court Decision 846]

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the circumstantial statement of a host driver;

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The register of driver's licenses (previous record on market);

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, investigation reports, etc. (attached to judgments, 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), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Determination of a fine in accordance with prohibition of disadvantageous changes to the crime of violation of the Road Traffic Act (driving on April 30, 2014) as of April 30, 2014, and imprisonment with prison labor for the crime of violation of the Road Traffic Act (driving on July 27, 2014) as of July 27, 20

4. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 3 and 50 of the Criminal Act; and

5. Mitigation of discretionary mitigation under Articles 53, 55(1)3 and 6 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

6. Article 70 of the Criminal Act on the Detention in Labor House.

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