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Reasons
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(영문) 창원지방법원 진주지원 2017.10.24 2017고단600
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 10 million.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

[criminal history] On October 19, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on October 19, 2007, and on June 13, 2012, the same court issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (dacting driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dacting prior to any danger).

[2] On July 10, 2017, Defendant 1 driven a motor vehicle under the influence of alcohol not less than twice, and Defendant 2 driven CM6 motor vehicles under the influence of alcohol with approximately 0.153% alcohol concentration at approximately 17km from the Do in front of the tower located in Sacheon-si, Sacheon-si to Jinju apartment parking lot located in Sacheon-si, Jin-si. 39.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and photographs related to accidents;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Inquiries about the results of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment of the same type of crime record);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment - Circumstances unfavorable to him/her: A person who has committed another crime even before the same kind of crime but has been committed again - Circumstances favorable to him/her: A confession

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