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(영문) 창원지방법원 2016.09.23 2016고단1842
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 13, 2010, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on the summary order of KRW 2.5 million for a crime of violating the Road Traffic Act, and the summary order of KRW 2.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on June 9, 2014, respectively.

On June 19, 2016, the Defendant driven D 130 automobiles from the 15km section to the front road of the Defendant’s house “C Borrowing” located in Jin-si, Jin-si, Jin-si, Jin-si, Kim Jong-si, in the influence of alcohol content of 0.070% during blood transfusion at around 06:20%.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (Attachment to a copy of a summary order attached to the suspect's previous records);

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had been sentenced to a fine as a crime of violating the Road Traffic Act, as stated in the facts constituting a crime in the judgment, is that the Defendant again committed the same kind of crime, which is disadvantageous to the Defendant.

However, in light of the fact that the defendant does not drive alcohol again, the defendant is driving the previous drinking, the defendant is driving the vehicle in order to drink the previous drinking and to send the maternal son and the woman, there are circumstances that may be considered in the course of the crime, the degree of alcohol concentration in blood remains at the level of license suspension, and the occurrence of traffic accident at the time of driving alcohol in this case, etc., the defendant shall be punished by a fine, but the fine shall be imposed after the crime is committed.

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