창원지방법원 마산지원 2013.04.30 2012고단857



Defendant shall be punished by a fine of KRW 10,000,000.

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


Punishment of the crime

[criminal power] On December 21, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Changwon District Court on December 21, 2009, and was sentenced to imprisonment for a violation of the Road Traffic Act at the Busan High Court on February 15, 2012, and was sentenced to three years of suspension of execution on February 23, 2012, and is currently under suspension of execution.

【Criminal Facts】

On December 16, 2012, at around 03:49, the Defendant driven C rocketing vehicles in the section of about 10 km from the Do in front of the Do in front of the original Masan-si Masan-si to the front road of the Donggdong-gu Mandong, under the influence of alcohol content of 0.088% of the blood alcohol content.

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 records: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment, etc. of criminal records of the suspect's same kind of power);

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;