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(영문) 창원지방법원 2018.06.08 2018고단998

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

[criminal history] On December 15, 2006, the Defendant received a summary order of KRW 2 million from the Changwon District Court to a fine of KRW 1,00,000 due to a violation of road traffic laws (driving), a summary order of KRW 2 million due to a violation of road traffic laws (driving), and a summary order of KRW 3 million from the same court on October 15, 2007 to a fine of KRW 2 million due to the same court on July 7, 2008.

[2] On March 20, 2018, under the influence of alcohol level of 0.103% during blood transfusion around 00:40 on March 20, 2018, the Defendant driven B rocketing car from a distance equivalent to approximately 3 km to the front road of the same Dondong Dondong Dondong Dondong at the window of Changwon-si.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition on drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of each summary order;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant committed a second offense without being aware that he had been punished three times due to drinking, even though he had a record of being punished three times due to drinking.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The accident did not lead to the actual accident.

The previous criminal records of the same kind have been punished by a fine for not less than 10 years, and there have been no previous criminal records thereafter.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.