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(영문) 창원지방법원 2013.11.26 2013고단2012

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 25, 2010, the Defendant issued a summary order of KRW 1.5 million at the Changwon District Court for a violation of the Road Traffic Act, and on August 1, 2011, a summary order of KRW 4 million at the same court due to the same crime, etc. and violated Article 44(1) of the Road Traffic Act at least twice.

On July 10, 2013, at around 06:00, the Defendant driven Cone Star Co., Ltd. in approximately two kilometers from the roads near the Tropian Library located in the Kim Jong-dong in the same city and in the same city, from the roads outside the city of the city of the city of the city of the city of the city of the 0.135% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous for judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports and investigation reports (Attachment of a copy of summary order);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 order of provisional payment is that the defendant repeats his/her drinking without being aware of his/her previous record of punishment twice due to drinking driving and does not lower the level of drinking alcohol; and thus, his/her criminal liability is not minor;

However, in light of the fact that the defendant's mistake is recognized, is against the law, there is no previous conviction exceeding the fine, and that if the defendant is sentenced to imprisonment due to the instant case, he/she is dismissed from office as a public official, and the circumstances and result leading to the instant case, etc., he/she shall choose a fine only once in favor of the defendant, and determine the punishment, and if the same crime is repeated in the future, he/she shall thoroughly warn him/her that he/she will no longer have any more preference.

It is so decided as per Disposition for the above reasons.