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(영문) 창원지방법원 2015.05.08 2014고단3417
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 May 8, 2007, the defendant was issued a summary order of one million won or more as a crime of violation of the Road Traffic Act by the Daejeon District Court on the charge of violation of the Road Traffic Act, and around August 9, 2010, the defendant was issued a summary order of 2.5 million won or more as a fine at the Changwon District Court on the same crime.

On November 29, 2014, the Defendant was a driver of the vehicle B, and was under the influence of blood alcohol content of 0.119% on November 29, 2014, the Defendant driven the vehicle at approximately 500 meters high from the “KT telephone station” at Changwon-si, Sungwon-si, Sungwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports (Attachment to a summary order);

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 the reason for sentencing unfavorable to the defendant, in addition to the record of the crime in which the defendant committed the same kind of crime and was sentenced to a suspended sentence, and the fact that the defendant's blood alcohol concentration is high.

However, the defendant's mistake is divided and reflected, the defendant has no record of being punished for the same kind of crime since 2010, volunteer service has been provided in social welfare facilities since 201, and the defendant's age, character and conduct, motive, means and result of the crime, and the circumstances after the crime, etc. shall be punished by a fine like the order in consideration of the sentencing conditions prescribed in Article 51 of the Criminal Act.

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