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(영문) 창원지방법원 마산지원 2014.04.15 2013고단957
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 27, 2007, the Defendant issued a summary order of KRW 1.5 million at the Changwon District Court due to a violation of the Road Traffic Act (driving). On January 18, 2008, the Defendant was sentenced to a suspended sentence of KRW 2 years and a fine of KRW 300,000 to the same court for a violation of the Road Traffic Act (driving). On June 7, 2011, the Defendant issued a summary order of KRW 1 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court Branch Branch, and on November 14, 201, a summary order of KRW 3 million was issued by the same court due to a violation of the Road Traffic Act (driving).

At around 18:40 on November 3, 2013, the Defendant, without a motor motor device bicycle driver’s license, driven a bicycle in the section of approximately 3 km from 469 to the front day of the Chang-si, Masan-si, the Changwon-si, the two Masan-si, the two Masan-si, the 469 before, and the front day of the non-fluorial boundary of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the results of crackdown on drinking driving, the circumstantial statement of a drinking driver, and the report on the circumstances of driving under drinking;

1. A driver's license inquiry;

1. Previous records of judgment: Application of the Act and subordinate statutes, such as criminal records, inquiry reports, investigation reports (Attachment to previous records, written judgments, etc.);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

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 has a record of having been punished several times, including drinking or unlicensed driving skills, and the Defendant committed the instant crime during the period of repeated crime according to the instant crime is very serious.

However, while the defendant disposed of a motor bicycle, he/she would not repeat the same mistake again, and it is the crime of this case.

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