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(영문) 창원지방법원 2018.03.23 2018고단246
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

[criminal history] The Defendant was sentenced to a summary order of a fine of three million won on March 9, 2009 by the Busan District Court for a violation of the Road Traffic Act (driving), and on February 14, 2012, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for a violation of the Road Traffic Act (driving) in the same court.

[Criminal facts] On January 16, 2018, the Defendant driven B-low car under the influence of alcohol concentration of approximately 0.089% in a section of about 200 meters from the roads near the restaurant for sale of string clocks located in the Kim Jong-si, Kim Jong-si to the roads facing the JDX sports store located in the same city.

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. Reports on detection of any violation of traffic laws on roads, reports on the circumstances of the drivers of such driving, and investigation reports (report on the circumstances of the drivers of such driving and attaching on-site photographs);

1. CCTV images;

1. Previous convictions in judgment: Inquiry about criminal history and application of each statute of judgment;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant already committed a second offense without being aware of the fact that the Defendant had been punished four times, including a suspended sentence of imprisonment, due to drinking driving.

Furthermore, even though the defendant is under imprisonment with prison labor for other crimes, he was driven without permission under the influence of alcohol.

In addition, the Defendant denied the crime immediately after the control, and destroyed evidence, such as destroying a black boom card installed on his/her own vehicle, and attempted to give cash to the crackdown police officers to stop control. Thus, the circumstances after the crime are also considered.

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