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(영문) 창원지방법원 2018.02.21 2018고단38
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On November 24, 2017, the Defendant driven a B K3 vehicle at a distance of about 26 km from the road in front of the 1st parallel-dong, Changwon-dong, Changwon-si, Kimhae-si, with a alcohol level of 0.121% in the blood alcohol level without obtaining a driver's license on November 24, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, committed a second offense without being aware of, and even though, the Defendant had had the record of being punished once or once due to drinking refusals.

At this time, the driver has driven a motor vehicle without permission due to the cancellation of the license due to the rejection of the driver's license.

Furthermore, the defendant has recently been under the suspension of the execution of imprisonment with prison labor due to refusal to measure drinking, etc., but has committed recidivism during the suspension period.

The degree of drunk driving is not less light, but also the distance of driving.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The actual accident did not lead to the actual accident.

Criminal records of the same kind for not more than 10 years are previous ones of the suspension of execution due to the refusal of measurement of drinking, etc. as seen earlier, and there is no record of punishment for driving without a license.

The fact that there is a family member to support, including a mother, can be considered in a favorable situation.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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