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(영문) 창원지방법원 2017.06.30 2017고단1510
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 21, 2008, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine of KRW 1 million due to a violation of road traffic laws (drinking), and on September 8, 2008, a fine of KRW 1 million due to a violation of road traffic laws (drinking) at the same court.

[Criminal facts] On April 23, 2017, the Defendant driven B rocketing truck under the influence of alcohol content of about 0.092% at a section of about 500 meters from the parking lot located in the south-gu, Sungwon-si, Sungwon-si, Sungwon-si to the south-si, Sungwon-si, to the roads front of the same Lone Star project.

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. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Previous convictions in judgment: Application of inquiries about criminal history and investigation reports (formers and binding of summary orders) Acts and subordinate statutes;

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, committed a second offense without being aware of the history of punishment two times due to drinking driving.

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

It did not lead to an actual accident without much weight of alcohol.

The previous previous convictions in the preceding nine years were sentenced to a fine of total small amount, and there was no previous criminal conviction, and there was no previous criminal convictions in the suspension of execution.

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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