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(영문) 창원지방법원 통영지원 2016.05.19 2016고단139
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 5,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Records] On April 25, 2013, the Defendant was sentenced to one year and two months of imprisonment and a fine of three hundred thousand won on December 11, 2013 by the Changwon District Court for a violation of road traffic laws (unlicensed driving), etc., and completed the execution of the said sentence in the Common Detention House on December 2013.

[2] On February 5, 2016, the Defendant: (a) driven a c-hurburged car with approximately approximately 200 meters alcohol level from the 200 meters section of alcohol level to the front road of the grain market among the roads in the c-hurg-dong, the C-hurged car at around 22:47 on February 5, 2016.

On December 14, 2015, the Defendant, while under the influence of alcohol leveling 01:30% of the alcohol level among the blood transfusion around 01:30 on December 14, 2015, the Defendant driven a DNA vehicle at approximately 3km in the section of approximately 0.240 meters in front of the influent restaurant located in the city at the same time to the front of the immigration office located in the same city at the same time.

Summary of Evidence

1. Previous convictions: References about criminal history, investigation reports (Attachment to a summary order of the same kind of force, the records of repeated crimes, etc.), and current status of personal identification and confinement "2016 order 139";

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. "Inquiry about the results of crackdown on driving drinking, 2016 high-level 139";

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents, reports on actual condition investigation, and photographs;

1. Application of Acts and subordinate statutes to written consent to blood collection, written report on detection of drivers in charge, and written appraisal;

1. Article 148-2(2)2, Article 44(1) (i.e., self-driving on February 5, 2016), Article 148-2(2)1, and Article 44(1) (i.e., self-driving on December 14, 2015) of the Traffic Act concerning facts constituting an offense;

1. A crime of violating the Traffic Act by a person on February 5, 2016, who was sentenced to punishment: A crime of violating the Act on the Traffic of Roads by December 14, 2015, which was sentenced to imprisonment: (a) a fine is selected for the crime of violating the Act on the Traffic of Roads: (b) a person who requested formal trial against the case of "2016 high-level 139 high-level 139; (c) a fine is selected in accordance with the principle of prohibition of disadvantageous alteration prescribed in Article 457-2 of the Criminal Procedure

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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