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(영문) 창원지방법원 2016.01.14 2015고단2913
도로교통법위반(음주운전)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Criminal facts

On April 5, 2010, the Defendant received a summary order of KRW 700,000,000 from the Changwon District Court to a fine for a crime of violating the Road Traffic Act, and issued a disposition of suspension of indictment on October 7, 2013 at the Changwon District Prosecutors' Office.

On October 8, 2015, at around 21:35, the Defendant driven a rash car with approximately 500 meters alcohol concentration at approximately 0.085% while under the influence of alcohol on the roads in front of the fishery frequency cluster located in the Cheongju-si, Kimhae-si to the roads in front of the Muuriri kindergarten located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. A report on detection of a primary driver (the result of blood collection);

1. Application of Acts and subordinate statutes to inquiries about criminal history and reports on the results of previous convictions and convictions without disposition (Attachment to summary orders);

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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