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(영문) 창원지방법원 2012.11.20 2012고합456

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 20, 2012, at around 02:10, the Defendant driven a car with approximately 300 meters of alcohol level 0.217% under the influence of alcohol level 0.217% on the road in front of a church in which the name in Busan is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

2. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

3. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are the criminal records of punishment for drunk driving, even though the defendant had been sentenced to punishment for drunk driving, and the blood alcohol level was also very high. The revised Road Traffic Act, considering that the damage caused by drunk driving is serious, should be punished more severe than the previous one.

However, the sentencing conditions prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, and circumstances after the crime, shall be determined like the order, in consideration of the fact that the defendant has no criminal record other than a fine for one time due to drinking driving, the error is remarkably divided, and the punishment shall be determined like the order.