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(영문) 창원지방법원 2017.01.12 2016고단3315

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 31, 2011, the Defendant received a summary order of KRW 1 million from the Ulsan District Court to a fine for a crime of violating the Road Traffic Act, and a summary order of KRW 1.5 million from the same court on January 9, 2012 to a crime of violating the Road Traffic Act.

On September 26, 2016, around 23:25, the Defendant driven a C rocketing car under the influence of alcohol with approximately 30 meters alcohol concentration 0.127% at a section of approximately 30 meters from the 30-meter radius from the pay parking lot located in Seongdong-gu, Sungwon-si, Sungwon-si to the front road in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Inquiries about criminal history and the application of Acts and subordinate statutes concerning investigation reports (same convictions);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. In full view of the details and distance of the driving of drinking for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the sentence like the order was determined by comprehensively taking into account the following factors: (a) the developments and distance of the driving of drinking for the reason of sentencing; (b) the degree of drinking; (c) the criminal records; and (d)