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(영문) 창원지방법원 진주지원 2017.07.21 2017고정176
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 16, 2014, the Defendant was issued a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking) at the Changwon District Court's Jinju branch.

1. On December 19, 2016, around 06:13, 2016, the Defendant driven the Defendant’s B Mae-ray truck under the influence of alcohol content of approximately 0.092% from a section of approximately 200 meters to the front of the horse wing-dong located in the same city-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

2. On the 30th of the same month, the Defendant driven the above cargo while under the influence of alcohol with 0.090% alcohol concentration in the same section of blood at around 06:11.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on the driving of alcohol, and a statement of the circumstances of the driver who takes the driving of alcohol on December 19, 2016;

1. A report on the detection of a driver at home, and a report on the circumstances of the driver at home on December 30, 2016;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of the former summary order).

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act; Article 148-2 (1) 1 of the Road Traffic Act;

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 (only to the extent that the aggregate of concurrent crimes with the punishment specified for a violation of the Road Traffic Act under paragraph (2) of the said Article with more severe punishment and the maximum amount of the punishment specified for each crime shall be aggregated);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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