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(영문) 창원지방법원 마산지원 2016.05.04 2016고단217
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On May 21, 2012, the Defendant received a fine of KRW 3 million for a crime of violating road traffic laws (drinking driving) from the Changwon District Court branch on May 21, 2012. On July 9, 2013, the Defendant received a fine of KRW 5 million for a crime of violating road traffic laws (drinking driving) from the Changwon District Court Branch Branch on July 9, 2013. On November 19, 2014, the Defendant was sentenced to a suspended sentence of one year of imprisonment for a violation of road traffic laws (drinking driving) from the Changwon District Court Branch branch on November 27, 2014, and was sentenced to a suspended sentence of three years for a year of imprisonment on November 27, 2014.

However, on December 29, 2015, while under the influence of alcohol level of 0.089% among the blood transfusion around 19:58 on December 29, 2015, the Defendant driven approximately 6 km from the front side of the west-gun, Gyeongnam-gun, the Gyeongnam-gun, the Gyeongnam-gun, the Hanam-gun, the Hanam-gun, the Hanam-gun, the Hanam-gun, the northwest-gun, the Hanam-gun, the Hanam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of regulating drinking driving;

1. Records: References to inquiries, such as criminal history, and application of Acts and subordinate statutes attaching the same electric power 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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had a record of having been punished several times by drinking alcohol driving. In particular, in the Changwon District Court’s support on November 19, 2014, the Defendant was sentenced to a suspended sentence of three years on November 27, 2014 and was sentenced to a suspended sentence of three years for a violation of road traffic law, etc., and was sentenced to a suspended sentence of three years on November 27, 2014, taking into account the fact that the Defendant committed the instant crime while the said judgment became final and conclusive on November 27, 2014.

However, the defendant recognized his mistake and reflects his depth, the circumstances leading to the crime of this case, and the situation that he did not drive drinking again.

It is hard to do so, alcohol concentration among the blood of this case, the age and family environment of the defendant, etc.

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