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(영문) 창원지방법원 2018.09.19 2018고단1824

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On October 2, 2012, the Defendant is a person who violated the prohibition of drinking, such as receiving a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and receiving a summary order of KRW 1 million from the Changwon District Court to the same crime on December 22, 2017 at least twice.

On July 8, 2018, at around 09:15, the Defendant driven BM3 automobiles while under the influence of alcohol content of about 0.059% in blood at approximately 2km section from the roads near the coast of the sea of the sea of the United Nations, located in 2279 at the same time, to the roads in front of the 2km in the city of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, investigation report, notification of the results of crackdown on the driving of drinking, and inquiry into the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and of each summary order;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the same Act concerning the facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime under the condition that he was subject to two times of punishment due to drinking driving, and one year has not passed since the previous punishment.

However, the Defendant recognized the instant crime and did not interfere with the same mistake.

In addition, the Defendant’s age, sex, blood alcohol content (0.059%, and blood alcohol content in the blood was 0.052~058% even at the time of regulating two times in the past) and the punishment as ordered shall be determined by comprehensively taking account of various sentencing conditions, such as the background of the instant crime, and the circumstances after the instant crime.