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(영문) 창원지방법원 2015.08.19 2015고단1061

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 20, 2015, at around 21:37, the Defendant driven a BM5 car under the influence of alcohol content 0.071% from the day before the day when he was under the influence of alcohol with approximately 300 meters from the day when he was under the influence of alcohol with blood alcohol content 0.071% from the day when he was under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of reports on the state of state of drinking drivers, and regulations on drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been sentenced to a fine four times for the same crime.

Despite the history of being sentenced to a fine for the violation of the Road Traffic Act due to a violation of the act of violating the Road Traffic Act due to a drunk driving or a refusal of measurement of alcohol only twice in 2007, the fact that the crime of this case has been committed

However, the Defendant’s mistake is divided and reflected, and the blood alcohol concentration level at the time of driving under the influence of alcohol in this case is not high, and the Defendant has no record of punishment since May 2007, and the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be sentenced to a fine like the disposition, taking into account the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the punishment conditions prescribed in Article 51 of the Criminal Act.