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(영문) 창원지방법원 마산지원 2017.05.23 2017고단183
도로교통법위반(음주운전)
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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

[criminal history] On July 20, 2009, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act. On August 16, 2013, the Defendant was notified of a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Changwon District Court Support.

[2] On March 5, 2017, at around 19:15, the Defendant driven a BKank-II car under the influence of alcohol content 0.096% from approximately 50 meters to the front road of the apartment house located in the Seocho-gu, Changwon-si, Changwon-si, Changwon-si, and the front road in the same Gu and Dong.

As a result, the defendant was driving a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking, and report on the circumstances of driving in driving;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (applicable to the suspect's previous convictions and attachment of summary order);

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 sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

Unfavorable circumstances: The crime of this case was committed even though they had been punished twice for the same kind of crime.

The favorable circumstances: The crime of this case is against the law.

There is no record of punishment of suspended sentence or heavier for the same crime.

The punishment for the same crime is about 8 years and 4 years respectively.

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