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(영문) 창원지방법원 통영지원 2014.10.15 2014고단675

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal power] On November 10, 2006, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on July 22, 2011, and was sentenced to a fine of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the Changwon District Court’s branch on July 22, 201. On May 15, 2014, the Defendant was sentenced to a suspended sentence of two years for a year.

【Criminal Facts】

On July 6, 2014, at around 03:20, the Defendant driven C 125C occ under the influence of alcohol content 0.196% from the 5km section of around July 6, 2014 to the 1472nd road at the center of Gyeongnam-si, Gyeongnam-si around 03:30 on July 6, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, a report on the state of the driving of a motor vehicle, and a report on the state of the driving of a motor vehicle;

1. Written judgment: The results of the drinking driving control, the inquiry into criminal records, and the application of three copies of written judgment to three parts of written judgment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has the same criminal records as the defendant, and the defendant committed the crime of this case during the suspended execution period for the same kind of crime.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family relationship, family environment, means of crime, circumstances after the crime, etc., are determined as ordered in consideration of the following: (a) the Defendant’s confession and reflect that the Defendant would not repeat again while committing the crime of this case; (b) the Defendant’s old mother and the denial of foreigner need to be supported by the Defendant; and (c)