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(영문) 창원지방법원 2016.06.09 2016고정490

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal history] On March 29, 2016, the defendant was sentenced to six months of imprisonment for a violation of road traffic law (unlicensed driving) at the Changwon District Court on April 6, 2016, and the judgment became final and conclusive on April 6, 2016, and there are no records of crimes falling under the single concurrent crimes after Article 37 of the Criminal Act in the indictment, but even if it is acknowledged ex officio, it does not pose any substantial disadvantage to the defendant's exercise of his/her right of defense, and thus, it

[2] On October 21, 2014, the Defendant was under the influence of alcohol level of 0.160% among the blood transfusions around 01:18, and operated Bcoin sports cargo vehicles at approximately 300 meters from the domain parking lot in Busan Dong-dong to the front road of Samsung Electronic Service Center located in the same Gu and Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of crackdown on the driving of alcohol, a report on the detection of a driver in charge, a report on the circumstances of the driver in charge, a written consent to blood collection, a request for appraisal of blood alcohol concentration and a response to a request for appraisal;

1. Previous convictions in judgment: Application of inquiries about criminal history and text of judgment;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 concerning the order of provisional payment;