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(영문) 창원지방법원 2015.08.19 2015고단1095
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 27, 2009, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine for a violation of the Road Traffic Act, and on March 11, 2010, the Defendant received a summary order of KRW 2 million from the Daegu District Court to a fine for a violation of the Road Traffic Act.

On March 9, 2015, the Defendant driven Csch Rexroth car under the influence of alcohol content of about 800 meters at a section of approximately 0.087% of alcohol content from the upper south market located in the Sungnam-dong in Changwon-si, Changwon-si to the site distance located in the window-dong of Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and inquiry into the results of the control of drinking under the influence of alcohol;

1. Previous convictions in judgment: Application of criminal records, reply reports, investigation reports, and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 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 again commits the crime of this case in the same kind, despite having been sentenced to a fine as the crime of violating the Road Traffic Act, as stated in the facts constituting the crime in the judgment.

However, in consideration of the defendant's age, occupation, motive, means and consequence, etc., the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, occupation, motive, means and consequence after the crime, shall be sentenced to a fine like the order.

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