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(영문) 창원지방법원 2014.01.21 2013고단2784

도로교통법위반(음주운전)

Text

1. The defendant shall be punished by a fine of 6,00,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on March 9, 2007, is a person who was sentenced to a fine of 500,000 won on the same offense in the same court on March 10, 2008, a fine of 1.5 million won on the same offense in the same court on April 10, 2009 and a suspended sentence of 2 years on the same offense in the same court on April 2009 and violated Article 44(1) of the Road Traffic Act not less than twice.

On July 14, 2013, at around 23:25, the Defendant driven a vehicle for passenger in approximately two km from the front of a restaurant in which it is impossible to know the trade name at the Kimhae-si, while under the influence of alcohol at 0.057% of blood alcohol level, to the front of the basin library located in the same Dong to the road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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;

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

3. The defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not well aware of the fact that he had been punished three times due to drinking driving since 2007, and is not subject to the punishment of the crime. However, it is not easy to recognize and reflect the mistake, the fact that the drinking level is not high, the fact that the drinking level is not high, the fact that the drinking level does not cause the traffic accident due to the drinking driving of this case, etc., taking into consideration favorable circumstances, and taking into account all other circumstances, such as the defendant's character, conduct and environment, etc., which are the conditions for sentencing