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(영문) 창원지방법원 2019.02.15 2018고단3177

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[criminal power] On July 7, 2008, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court on the grounds of a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million from the same court on December 26, 201 as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 25, 2018, at around 01:05, the Defendant driven a C Lastren car with approximately 0.119% alcohol concentration at the 4km section from the front day of the mutual influence house in the Kimhae-si, Kim Jong-si to the front day of the B apartment in the same city.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant committed a second offense without being aware that he had been punished three times due to drunk driving.

The degree of undertoxicatedness is not somewhat weak.

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

In fact, there was no actual accident.

The previous section of this case was sentenced to a fine before all years, and there was no previous section during the last seven years.

There have been no criminal records of suspended execution.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.