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(영문) 창원지방법원 거창지원 2015.12.09 2015고단237
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2009, the Defendant was sentenced to a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on October 30, 2009. On July 9, 2014, the Defendant was sentenced to imprisonment with prison labor for 10 months and 2 years for a suspended sentence.

【Criminal Facts】

Although the Defendant had been punished twice or more for the crime of violating the Road Traffic Act, at around August 19, 2015, the Defendant driven a CFF car under the influence of alcohol concentration of about 0.050% from the 6km section of the 6km away from the road in front of the main restaurant located in the Dog-ri in the Dognam-gun, Chungcheongnam-gun, Seoul, to the roads in front of the Dog-ri, which is located in the central Dog-ri in the same military city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Investigation report (on the distance of vehicles driven by a suspect);

1. Previous records of judgment: Application of criminal records, inquiry reports (Attachment to previous records and copies of judgment) and statutes;

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

1. Selection of a fine ( though the liability for the crime of this case is not minor, such as committing the crime committed by the defendant during the period of probation, it shall be considered that the drinking water does not turn over the standard value for punishment, the defendant scrapped the vehicle that he/she driven, and the minor child should be supported);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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