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(영문) 창원지방법원 2017.11.28 2017고단3512
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 27, 2008, the Defendant was issued a summary order of KRW 1 million by the Changwon District Court for a crime of violating the Road Traffic Act (drinking driving), and on November 4, 2013, by the same court as the same crime.

On September 23, 2017, while under the influence of alcohol content 0.065% among blood transfusions, the Defendant started from the road in the vicinity of the corner dong of the window in Changwon-si, and driven a 200-meter distance of approximately 37-3 meters on the road front of the building in the same city, from the eudite 37-3 Cheongmaro-dong of the window in the same city.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (formers, court rulings and confirmation dates);

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 sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing as set forth in the Criminal Procedure Act shall be determined as ordered by taking into account the circumstances that form the conditions of sentencing as set forth in the records, such as the following circumstances and the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The circumstances that the defendant had a record of being punished for driving under drinking, and that are favorable to re-offending during the period of repeated offense of this species: The fact that the crime of this case is recognized and reflected, that the drinking value is relatively high, and that there is no record of being punished for traffic-related crimes since 2013.

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