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(영문) 창원지방법원 2017.11.08 2017고단2802

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

Criminal facts

On January 12, 2012, the Defendant was issued a summary order of a fine of KRW 700,000 for a crime of violating road traffic laws (drinking driving) in the Changwon District Court's smuggling support on January 12, 2012. On May 19, 2016, the Defendant was sentenced to a fine of KRW 1,50,000 for a crime of violating road traffic laws (drinking driving) in the Changwon District Court'

On July 30, 2017, the Defendant driven a CMW 740 car under the influence of alcohol concentration of about 0.065% from the section of about 10km to the front road of the light distance in the Jin-si, Jin-si, Jin-si, Kim Jong-si around 22:35 on the same day from the front road of the fishery bus terminal located in the Sin-Eup, Chungcheongnam-do, Hayang-gu, Hayang-gu, Hayang-do.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (prior convictions before drinking);

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act that the Defendant committed the instant crime without being aware of the period of repeated crime resulting from another crime is the circumstances unfavorable to the Defendant.

On the other hand, there are circumstances that the defendant repents his mistake in depth and reflects it, and somewhat take into account the motive and background thereof, and the defendant was punished for driving alcohol as above two times, but the amount of alcohol concentration in blood at that time was not high, which are favorable to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the disposition.