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(영문) 창원지방법원 2018.05.18 2018고단797
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 May 17, 2010, the Defendant was issued a summary order of a fine of two million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on July 22, 2014, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

[Criminal facts] On April 1, 2018, at around 20:35, the Defendant driven a BM5 vehicle under the influence of alcohol level of 0.05% while under the influence of alcohol level of 0.05% in a section of about 90 meters from a parking lot for the outside-type one time, which is located in 54-2, an Kimhae-si, Kimhae-si, to approximately 54-2, from a parking lot for the 90 meters in the city of Kimhae-si.

Accordingly, the Defendant, who violated the prohibition on 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 and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to the previous rulings, etc.);

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 of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order was that the Defendant committed a second offense without being aware of the history of punishment four times due to drinking driving.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The level of alcohol is a minor level, the distance of driving is not along, and the actual accident was not followed.

In addition to the most recent criminal records of the same kind, the person was punished by a fine for all the years, and the most recent criminal records are about four years.

The fact that suffering from pneumoconiosis is a person with a disability of the third degree of respiratory disability can also be considered in favorable circumstances due to the long-term pneumoconiosis.

The age, sex, environment, circumstances, and circumstances of the crime of the defendant, and after the crime.

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