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(영문) 창원지방법원 2018.09.14 2018고단1913
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On June 30, 2008, the Defendant was sentenced to a summary order of a fine of 3.5 million won for a violation of road traffic laws at the Changwon District Court, etc. on January 3, 2013. On January 3, 2013, the Defendant was sentenced to a suspended sentence of 3 months for the same crime, etc. at the same court, and was sentenced to a suspended sentence of 6 months for the same crime, etc. at the same court on March 24, 2016.

[Criminal facts] On June 23, 2018, around 05:33, the Defendant driven B, while under the influence of alcohol leveling 0.136% from the 2km section of approximately 2km from the apartment road in front of the Han-dong, Seowon-dong, Dong-dong, Dong-dong, Dong-dong, Dong-dong, and the front road of the Kimhae-dong charges.

Accordingly, the defendant, who violated the prohibition of 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. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation report (Attachment, such as the previous one and copy of judgment);

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 under Article 334(1) of the Criminal Procedure Act, the Defendant already committed a second offense without being aware of a total of five times of punishment, including imprisonment, due to drinking driving.

In particular, since two years have not passed since the defendant was sentenced to imprisonment with prison labor and was released from prison labor, the defendant committed a second offense within the repeated crime period, and the defendant once again acquired the license revoked as the case, and driving again at the only one month.

The degree of undertoxicatedness is not somewhat weak.

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

집에서 술을 마시고 잠을 잔 뒤 아침 일찍 일어나 술이 깼다 고...

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