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(영문) 창원지방법원 마산지원 2013.09.11 2012고합203
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 14, 2009, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on September 14, 2009, and was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on February 21, 201.

On December 204, 2012, the Defendant, without a vehicle driver’s license, driven a vehicle B-bef-scoping from the Hawn Pream line, located in the Hawan-gun in the Hawnan-gun, Gyeongnam-gun, Gyeongnam-gun, in the influence of alcohol content of 0.098%, to the front day of the oil station, until December 3 1, 2012.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Before ruling: Application of Acts and subordinate statutes on criminal records, reference reports on criminal records, investigation reports (informating a copy of a summary order);

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) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the crime of this case, which is the same criminal act, even though he had been punished twice or more due to drinking driving and had the record of punishment several times due to driving without a license. At the time of this case, the defendant's blood alcohol concentration reached 0.098% at the time of this case, and driving the vehicle without a driver's license, and the charges are heavy, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character, conduct and environment, etc., shall be determined

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