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(영문) 창원지방법원 2017.04.28 2017고단591

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Power of crime] On November 28, 2007, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on August 6, 2008, the same court issued a summary order of KRW 3 million for a violation of the Road Traffic Act.

[2] On February 11, 2017, at around 03:12, 2017, the Defendant driven a B B BB car with a alcohol level of about 10km from the 10km section to the skingn Station located in the outer route of Kimhae-si from the front side of the kingn-si.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of suspected victims of violating the Traffic Act on the road and a statement in the circumstances of the drivers of such driving;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes on investigation reports (the same type of crime records);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed a second offense without being aware of the history of punishment two times due to drinking driving.

The distance of driving is not shorter.

However, the defendant reflects his wrongness in depth and does not repeat again in the future.

The influence of alcohol did not lead to an actual accident without much emphasis on the degree of alcohol.

The previous previous convictions had been sentenced to a fine for all years, and there was no previous convictions during the last five years.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.