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(영문) 창원지방법원 2016.12.23 2016고단3323
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

On August 20, 2007, the defendant issued a summary order of one million won or more for a violation of the Road Traffic Act at the Changwon District Court on August 20, 2007, and on March 31, 2008, the Busan District Court issued a summary order of 700,000 won or more for a violation of the Road Traffic Act.

On September 15, 2016, at around 22:50, the Defendant driven B mixed CBR125R 124.9CC under the influence of alcohol concentration of approximately 0.073% from a 50-meter section prior to the decentralization road in front of the decentralization elementary school located in the same Dong to the roads in front of the decentralization.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records: Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment of a copy of summary order);

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 an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which had been sentenced to a fine due to a violation of the Road Traffic Act, etc., as stated in the facts constituting the crime in the judgment, the Defendant again committed the crime in this case, and the Defendant committed three times a crime of violation of the Road Traffic Act due to a driving without a license, in addition to the violation of the Road Traffic Act due to a driving without a license, is the reason for the

However, the defendant does not repeat the same crime again; the degree of license suspension at the time of driving under the influence of alcohol in this case; the reason for favorable sentencing, such as the fact that the blood alcohol concentration level at the time of driving under the influence of alcohol in this case remains at the level of license suspension; the driving under the less risk than the motor vehicle; and other favorable reasons for sentencing, such as the defendant's age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered, and the sentence like the order, is to be taken into account.

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