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(영문) 창원지방법원 마산지원 2017.06.20 2017고단471

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On March 23, 2007, the Defendant was notified of a summary order of KRW 2 million due to a violation of road traffic law (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court. On January 21, 2013, the Defendant was notified of a summary order of KRW 1.5 million due to a violation of road traffic law (dacting driving) at the Changwon District Court Branch of the Changwon District Court.

[2] On April 22, 2017, at around 23:55, the Defendant driven a line of broadband even Bcoon under the influence of alcohol content of approximately 0.130% from a section of approximately 1km from the upper 1km intersection at the top of the Sinan-gu, Haan-gun, Haan-gun, Sinnam-gun to the 104-33 road of the same Eupn-ro.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (applicable to the suspect's previous convictions and attachment of summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic 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 sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

Unfavorable circumstances: A majority of those who have been punished for the same crime have committed the crime of this case.

On November 3, 2015, the Defendant was sentenced to the suspension of the execution of 8 months of imprisonment for a special intimidation in the Changwon District Court Msan Branch on November 3, 2015, and the said judgment became final and conclusive on November 11, 2015, and is currently under the suspension of the execution.

The favorable circumstances: The crime of this case is against the law.

It is not a period of suspension of execution due to the same crime, but a person who has been sentenced to imprisonment or heavier punishment for the same crime.