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(영문) 창원지방법원 마산지원 2013.08.28 2013고합61

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal power] The defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Changwon District Court on August 25, 2006 and was sentenced to a fine of five million won for the violation of the Road Traffic Act on more than two occasions.

【Criminal Facts】

On April 3, 2012, the Defendant, while under the influence of alcohol of 0.132% of blood alcohol concentration on April 23, 2012, was driving B Poter truck at a section of approximately 200 meters prior to the frequency of shock in front of the main unit of the Kuwon-si Masan Port (U.S.).

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 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 of the provisional payment order is that the defendant again commits the crime of this case, which is the same criminal act even though he had been punished twice or more due to drinking driving, considering the fact that the defendant's blood alcohol content at the time of this case reaches 0.132%, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character, conduct and environment, etc., shall be determined as ordered.