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(영문) 창원지방법원 2018.03.23 2018고단208
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 September 29, 2006, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, and on April 28, 2014, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

[Criminal facts] On December 29, 2017, the Defendant driven B-learning cars at a distance of about 20km from the front of a mutual influent restaurant in the Kimhae-dong to the front of the window of Changwon-si, which is located in the window of Changwon-si, while under the influence of alcohol level of 0.072% among blood transfusion around 00:10 on December 29, 2017

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 circumstances of the driver at the main place, report on the circumstances of the driver at the main place, and inquiry into the following:

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquire about criminal history and details of inquiry about management of principal reports;

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.

The distance of the vehicle also is very long.

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

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

The previous criminal records as mentioned above have been sentenced to a fine in full, and they have been sentenced to one of the last ten years, and they have not been sentenced to a suspended sentence 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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