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(영문) 창원지방법원 2016.02.17 2015고단3135
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 22, 2009, the defendant was sentenced to a fine of two million won for a crime of violating the Road Traffic Act at the Busan District Court on January 22, 2009, and a fine of three million won for the same crime at the same court on April 1, 2011.

On November 18, 2015, at around 23:50 on the 23:50th day, the Defendant driven a C-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-c-

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on detection of suspected victims of violating traffic laws on roads, notification of the results of crackdown on driving of alcohol, and statement of the circumstances of drivers of alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation reporting (a) and attaching copies of the judgment and 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, as stated in the facts constituting a crime in the judgment below, has the record of being sentenced to a fine on one occasion even though he/she was sentenced to a fine, as well as the record of being sentenced to a fine for a crime of violating traffic laws on the road, and that the Defendant, on November 18, 2014, was sentenced by the Changwon District Court for two years as a crime of violating the Act on Special Cases Concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act (license without a license) and was sentenced to a suspended sentence of two years on April 1, 2015, which became final and conclusive on April 1, 2015,

However, the defendant's mistake is divided and reflected, the alcohol concentration in blood during driving in this case remains at the level of suspension of driver's license, the defendant's work bonus in this case wanting the defendant's wife, and the previous suspended sentence is invalidated if the sentence is finalized upon the sentence in this case.

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