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(영문) 전주지방법원 남원지원 2012.12.13 2012고합38
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 5, 2008, the Defendant was issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) at the Southern District Court's Southern District Court's branch on September 5, 2008, and on September 25, 2012, the same court issued a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving).

On October 11, 2012, at around 14:45, the Defendant driven a freight vehicle of one ton of C in the state of alcohol with a blood alcohol concentration of 0.072% from the two kilometers away from the front of the instant road, to the roads of creative report located in the same military field, i.e., e., e., e., the instant road located in the Joh Chang Chang-gun, Chungcheongnam-gun, the Chungcheongnam-gun, the Southern Chang

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a copy of the summary order, the previous records and attachment of the judgment);

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant committed the crime of this case within 20 days after being sentenced to a fine due to drinking driving, etc., and the defendant needs to be punished strictly in light of the purpose of the revision of the current Road Traffic Act, where a person who violated the prohibition of drinking driving twice again, in order to prevent driving threatening to the safety of road traffic and to realize awareness about it, and where a person who violated the prohibition of drinking driving twice again drives under the influence of alcohol, he/she is punished by raising the minimum statutory punishment.

However, the decision is delivered with the order, taking into account the following factors: the defendant's mistake is against himself and again does not repeat again; the blood alcohol concentration is not high; the defendant's age, environment, and circumstances before and after the crime; and all the sentencing conditions specified in the arguments of this case, such as the defendant's age, circumstances before and after the crime.

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