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(영문) 창원지방법원 2017.12.15 2017고단3045
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Criminal facts

On July 7, 2008, the Defendant was issued a summary order of one million won by a fine for a violation of the Road Traffic Act at the Changwon District Court, and a summary order of 1.5 million won by a fine at the Changwon District Court on February 9, 2009 for a violation of the Road Traffic Act.

On August 28, 2017, the Defendant driven a bicycle with CNC125 engine device from the foregoing drinking road to the front day of the building located at 177 o-ro, Kimhae-si, Kimhae-si, where it is difficult to identify the revolution and trade name of the 0.169% alcohol concentration among the blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous summary order);

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 reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include: (a) the fact that the defendant was involved in the instant crime; and (b) there are some circumstances to consider the motive and circumstance leading to the instant crime.

On the other hand, the fact that the defendant committed the crime of this case without being aware of the period of suspension of execution due to other crimes is disadvantageous to the defendant.

In addition, in full view of the methods and results of the instant crime, various conditions of sentencing as shown in the records and arguments, such as the circumstances after the instant crime, the defendant's age, sexual conduct, intelligence, environment, etc., were determined in the same sentence as the disposition.

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