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(영문) 창원지방법원 2017.08.18 2016고단2565
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

[criminal history] On July 20, 2009, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on July 20, 200, and a summary order of KRW 1.5 million for the same crime in the same court on April 18, 201.

[2] On August 2, 2016, the Defendant was under the influence of alcohol level of 0.080% among blood transfusions on August 2, 2016, the Defendant driven Bho-do car at a section of about 100 meters from the front of the convenience store in the Chang-si, Changwon-si, to the front of the convenience store in the GS25 city to the road near the bridge located in the same Dong.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of investigation report (the previous and confirmation);

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has already been punished twice due to drinking alcohol driving, and has committed a second offense without being aware thereof.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

The degree of alcohol is not severe, the distance of driving is not along, and it did not lead to the actual accident.

The previous criminal records were sentenced to a fine for all years, and even if they were based on the date of the crime, they did not have the same criminal records during the last five years, and they did not have any criminal records of suspension of execution or more.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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