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(영문) 창원지방법원 2018.04.04 2018고정59
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Power of crime] The defendant was issued a summary order of a fine of one million won by the Changwon District Court on November 15, 2016 for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on November 15, 2016, and a person who was issued a summary order of a fine of seven million won by the same court on August 4, 2006 for the same crime at the same court.

[Criminal facts] On November 20, 2017, the Defendant driven BMW car at a distance of about 400 meters from the front of a mutually influent restaurant located in the fluoral dong of Changwon-si, Changwon-si, to the front of the road of the 788 new fluoral tideland of the Dong-gu, Dong-si, Dong-si, to the front of the road of the 788 new fluoral tideland, while under the influence of alcohol level of 0.04% during blood transfusions.

As a result, the Defendant violated the prohibition on drinking at least twice and drives a motor vehicle in a drunken state.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, and report on the situation of driving alcohol;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and attachment of summary orders) Acts and subordinate statutes;

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 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances that are favorable to the reasons for sentencing);

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 in the order of provisional payment has the record of being punished twice by driving under drinking.

On November 2016, even though he was punished for drinking driving, he again committed the instant crime in only one year.

The degree of alcohol concentration (0.054%) exceeds the control standard in blood, and the alcohol concentration in blood was not high at the time when alcohol was discovered by driving twice in the past.

The crime of this case is recognized and reflected.

The punishment shall be determined as per the order by comprehensively taking into account all kinds of sentencing conditions, such as the defendant's age, sex, and circumstances after the crime.

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