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(영문) 창원지방법원 2013.11.19 2013고단1928

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 7, 2013, at around 00:30, the Defendant driven B Obaba in the section of about 6km from the front to the front of the Dongdong Apartment Apartment apartment in the same Sindong-dong from the old road of 898-ro 27 (Korean Chinese-do), Kimhae-ro, Kimhae-ro, 898 (Korean-do), while under the influence of alcohol with 0.20% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

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

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 not only has the record of serving five times for drunk driving since 200, but also, on June 21, 2012, the Defendant was sentenced to two years of suspension of the execution of imprisonment for six months as of embezzlement on June 21, 2012, and repeated drinking driving without being able to do so even if the said judgment became final and conclusive on June 29, 2012, and was under suspension of the execution, and accordingly, the amount of drinking alcohol is high.

However, in light of the fact that one's mistake is recognized and his depth is reflected in the crime of this case, the danger, etc. is relatively minor compared to the driver's license of this case, the imprisonment with prison labor for this case where the execution is postponed is served, and the circumstances and result leading to this case, etc., the defendant shall be fined only once in consideration of the defendant's health condition, economic situation, etc., and if the same crime is repeated even once again, the punishment shall be determined by seriously warning the fact that there is no longer preference for any reason.

It is so decided as per Disposition for the above reasons.