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(영문) 창원지방법원 2015.01.09 2014고단2627
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 12, 2013, the Defendant was sentenced to two years of suspension of execution on March 2013, 2013, for a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act) in the branch court of the Changwon District Court on March 12, 201, and the judgment becomes final and conclusive and is currently under suspension of execution

On January 13, 201, the Defendant has the same kind of power three times in total, including a fine of one million won for the crime of violation of the Road Traffic Act, and a suspended sentence of one year for the same crime in Busan District Court on September 27, 2011.

On September 20, 2014, at around 01:45, the Defendant driven a BMW car from around 0.141% alcohol concentration, while under the influence of alcohol at around 50 meters, from around 00 meters to the roads in front of the general resources in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Nos. 1 and 2 of the evidence list submitted by the prosecutor;

1. Previous convictions: Application of the above evidence list Nos. 5-7

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the same Act concerning the facts constituting a crime (a point of driving sound);

1. Selection of selective fine for punishment (to take into account favorable circumstances among the following reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment [unfavorable circumstances] has a record of being punished three times in total for the same crime. The crime of this case is a crime of imprisonment during the period of suspension of execution due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as indicated in the holding, which is a crime of confession and reflects [free circumstances]. The crime of this case is a crime of faithfully serving as an elementary school teacher for ten years or more from May 2005. The crime of violation of the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) in the judgment is a crime committed during the course of denial and divorce, which is punished in the course of divorce, and is bringing up the children of the first year in middle school after the divorce, there is no lack of cause of traffic accident

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