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(영문) 창원지방법원 거창지원 2016.10.05 2016고단296

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000. If the Defendant fails to pay the said fine, then 100.

Reasons

Punishment of the crime

On June 23, 2008, the Defendant is a person who has the record of being punished by driving under the influence of alcohol more than twice by receiving a summary order of a fine of KRW 700,000 for the violation of the Road Traffic Act from the Changwon District Court's Jinju branch on the same day, and a summary order of KRW 1 million for the same crime from the same court on January 20, 209.

On July 29, 2016, the Defendant, at around 23:06, was cultivated in the Sinnam Development-gun of Sinnam-gun, and driven a Bland with blood alcohol content of about 0.179% in the front of an international company near the bus terminal located in the same Ri as above, while under the influence of alcohol of about 1.5 km.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of drinking drivers, and a written appraisal of blood alcohol;

1. Report: Application of Acts and subordinate statutes on criminal records, reference reports on criminal records, investigation reports (Attachment to summary orders);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of selective fine: In light of the fact that the defendant has been punished four times due to drunk driving or unlicensed driving, and that the defendant's blood alcohol concentration was high at the time of driving under the influence of alcohol in this case, it is necessary to strictly punish the defendant. However, considering the fact that the defendant had no particular criminal record for the last seven years, and that the defendant should support his family, etc., he must carefully admonish the defendant so that he will not drive under the influence of alcohol or drive under the influence of without a license, and then, choose a fine instead of imprisonment. 1. Articles 70(1) and 69(2) of the Criminal Act of the Labor House Detention Act

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