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(영문) 창원지방법원 통영지원 2015.04.03 2014고단1086
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 7, 2014, the Defendant was sentenced to a suspended sentence of ten months for the crime of obstruction of performance of official duties in the Changwon District Court’s branch branch on March 7, 201, and the sentence becomes final and conclusive on March 15, 2014, and is currently under suspended sentence.

At around 20:30 on November 13, 2014, the Defendant driven B Poter II cargo while under the influence of alcohol with a blood alcohol content of 0.259% without obtaining a driver's license from approximately 1km section from the front to the front road of the Japanese hospital located in the Seo-gu, Young-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a driver, the ledger of driver's licenses, and details of disposition for cancellation;

1. Relevant provisions of Article 148-2 (2) 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the provisional payment order has been committed by the defendant during the period of suspension of execution, but it is not committed by the same kind of crime, and after being punished by the same kind of crime in 2008, there has been no record of punishment for the same crime, etc., the punishment is determined as ordered in consideration of all the conditions of sentencing including the defendant's age, character and conduct, environment, and circumstances after the crime.

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