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(영문) 창원지방법원 2018.02.21 2018고단91
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[criminal history] On March 17, 2008, the Defendant received a summary order of KRW 3 million from the Changwon District Court to a fine of KRW 1.5 million due to a crime of violating road traffic laws (drinking), and the same court issued a summary order of KRW 1.5 million due to a crime of violating road traffic laws (drinking) in the same court on July 13, 2009.

[2] On December 27, 2017, at around 23:05, the Defendant driven CK7 automobiles while under the influence of alcohol content of about 0.101% in alcohol on the roads of approximately 100 meters away from the front of the YG, Kimhae-si Central Hospital, Kimhae-si to the front road of the Kimhae-dong High School.

Accordingly, the Defendant, who violated the prohibition on 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. Written statements of D;

1. A survey report on the actual condition and a statement on the circumstances of the driver involved in driving;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of the Acts and subordinate statutes to inquire about criminal history and report on investigation (Attachment of the previous summary order);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant committed a second offense without being aware that he had been punished three times due to drinking, even though he had a record of being punished three times due to drinking.

The degree of alcohol is not less weak, and the actual traffic accident was caused by its influence.

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

The accident caused only minor physical damage as an unfolding accident, and the victim also agreed to the accident.

A previous vehicle was disposed of.

The preceding previous conviction was sentenced to a fine for all years, and there was no same criminal record during the last five years.

The age, sex, environment, circumstances, and circumstances of the crime of the defendant.

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