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(영문) 창원지방법원 2018.10.04 2018고단1183
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On March 9, 2007, the Defendant was issued a summary order of KRW 500,00 by the Changwon District Court to a fine of KRW 500,00 for a crime of violating the Road Traffic Act. On November 1, 2007, the Defendant was sentenced to a fine of KRW 3,50,000 for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on April 5, 2010, and was issued a summary order of KRW 3,00,00 for a crime of violating the Road Traffic Act at the Changwon District Court on November 18, 2016. The Defendant was sentenced to a suspended sentence of KRW 6 months for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on November 26, 2016, and the said suspended sentence becomes final and conclusive on November 26, 2016.

On February 22, 2018, at around 10:13, the Defendant driven a clater-car under the influence of alcohol concentration of 0.074% without obtaining a driver’s license from the front of the repair park located in the Kim Jong-si, Kim Jong-si to the front road of another 2km in the Dong-dong.

As a result, the defendant, while under the influence of alcohol not less than twice, has driven a motor vehicle without a license even though he had the power to drive a motor vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Details of driver's license revocation and the ledger of driver's licenses;

1. References to inquiries, such as criminal history, reports on the results of confirmation of the previous conviction of each disposition, one copy of each judgment, and one copy of each summary order; and

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

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who commits a violation of the Road Traffic Act due to a heavy drinking driving);

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. Article 334(1) of the Criminal Procedure Act provides that the Defendant has several criminal records for the reason of sentencing of the provisional payment order.

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