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(영문) 창원지방법원 거창지원 2017.06.23 2017고단128

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On November 3, 2008, the defendant was sentenced to a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Busan District Court on November 3, 2008, and on September 23, 2009, the defendant was sentenced to imprisonment of six months for a violation of the Road Traffic Act and two years for a suspended sentence under the Road Traffic Act on two or more occasions for a violation of the Road Traffic Act.

On February 15, 2017, around 02:02, the Defendant driven a Bbee cruise car under the influence of alcohol content of about 0.051% in a section of about 5 meters in the Dae-dong-dong-dong-Umb apartment located in 10-ro 10-o, Shodong-gu, Shonam-gun (Sho-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a summary order, etc.);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 53 and Article 55(1)6 of the Criminal Act to mitigate small quantities (see, e.g., Article 53 and Article 55(1)6 of the same Act (see, e.g., the high alcohol concentration in blood and the driving distance);

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

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