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(영문) 창원지방법원 밀양지원 2017.07.13 2017고단6
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of road traffic law in the Changwon District Court's Seongbuk Branch on July 14, 2016, and the said judgment became final and conclusive on July 22, 2016, and is currently under the suspension of the execution.

[2] On December 18, 2016, the Defendant: (a) operated a math car under the influence of alcohol level 0.075% while under the influence of alcohol level 0.075%, without obtaining a driver’s license in approximately 300 meters from the Gancheon Parking Lot to the “fisheries church” in the same rith place; and (b) operated a math car under the influence of alcohol level 0.075% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of inquiry letter, such as criminal history, investigation report (report on attachment to judgment of stay of execution), and statutes;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic 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. Selection of a fine, in consideration of the fact that a person has no record of punishment for the last ten years except for a violation of traffic laws in the judgment, etc., even though the person committed a crime during the period of probation for the same kind of crime for which punishment is imposed under Article 334(1) of the Criminal Procedure Act;

In addition, the sentencing conditions indicated in the records, such as the defendant's age, environment, motive, means and consequence of the crime, etc., shall be determined as ordered in consideration of the sentencing conditions indicated in the records.

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