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(영문) 창원지방법원 2013.12.10 2013고단2043
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on October 12, 2009, issued a summary order of KRW 1,50,000 by a fine for a violation of the Road Traffic Act, and on August 8, 201, issued a summary order of KRW 2,50,000 as a fine for the same crime at the same court on August 8, 201 and violated Article 44 (1) of the Road Traffic Act at least twice.

On June 26, 2013, at around 05:14, the Defendant driven CEX car in the state of alcohol alcohol concentration of about 0.104% from a 300-meter section from the road located in the Kimhae-si in the same city to the road located in the Dongwon-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous for judgment: Application of Acts and subordinate statutes to criminal history records, investigation reports, and criminal investigation reports (Attachment of a copy of judgment);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 with regard to a provisional payment order is that the Defendant is no longer liable for the crime repeatedly even though he/she had a record of punishment twice due to drinking driving since 2009, even though he/she had been punished twice.

However, in consideration of the fact that the defendant's mistake is recognized and is in depth against the defendant, there is no previous conviction exceeding the fine, and all other circumstances constituting the conditions for the sentencing, such as character, conduct and environment of the defendant, it shall be selected as a fine and the punishment shall be determined at least once, and if the same crime is repeated in the future, it shall be carefully warned that there is no longer preference.

It is so decided as per Disposition for the above reasons.

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