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(영문) 창원지방법원 2019.03.29 2019고단39
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On August 25, 2006, the defendant was sentenced to a summary order of 700,000 won for the crime of violation of the Road Traffic Act at the Busan District Court on July 6, 2007, and was sentenced to a summary order of 2 million won for the same crime at the Changwon District Court on July 6, 2007, and was sentenced to a suspended sentence of 4 months for the same crime in the same court on June 19, 2008.

【Criminal Facts】

On December 11, 2018, at around 21:45, the Defendant driven CM3 car under the influence of alcohol content of about 400 meters from the front of a cafeteria in the mutual influence of Kimhae-dong to the front road of the B apartment bus stops in the same city.

In this respect, the defendant was punished for drunk driving more than twice, but he was driven again.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (a copy of judgment, etc.);

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 for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant committed a second offense without being aware that he had been punished twice due to drunk driving.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant reflects his fault in depth.

In fact, there was no actual accident.

The defendant's previous department will have passed 10 years.

The sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, shall be determined as the order.

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