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(영문) 창원지방법원 2018.06.27 2017고정683

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant of "2017 High 683" is a person who drives B M&A car.

On July 6, 2016, around 23:45, while under the influence of alcohol content of 0.23% during blood, the vehicle driven the above vehicle at a distance of approximately 300 meters at a distance of about 300 meters from the front day of the Sung-si, Sung-si, Sung-si, Sung-si, Busan, to the road front of the Socsan bellelel.

On 28, 2016, 00:30 on 28, 2016, the Defendant driven C MT car under the influence of alcohol content of about 0.213% at the section of approximately 900 meters, 0.213% from the blood alcohol content of the blood, from the front of the main apartment to the road of the main apartment 975, from the front of the main apartment, to the 789-gil, as in the same Gu.

Summary of Evidence

"2017 High 683"

1. A protocol concerning the examination of the police officers of the accused;

1. "2017 high-speed 684" inquiry into the reports on the circumstances of driving a drinking and the results of crackdown on drinking;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to inquire into statements made under the circumstances of surrounding drivers and the results of crackdown on drinking driving;

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

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the same Act concerning the aggravation of concurrent crimes;

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 the instant crime without being aware of the fact that he had been under influence by drinking once, and committed the instant crime under the condition that he was under the influence of drinking again for eight days.

In both cases, alcohol concentration is very high (0.233% and 0.213%). Other factors such as the Defendant’s age, sexual conduct, the details and circumstances of the instant crime, and the circumstances after the crime shall be determined as ordered by the text.