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(영문) 창원지방법원 2015.07.01 2015고단387
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 June 1, 2007, the Defendant issued a summary order of 700,000 won or more for the crime of violation of the Road Traffic Act at the Busan District Court, and the summary order of 1.5 million won or more for the same crime at the Changwon District Court on June 7, 201.

On January 13, 2015, at around 04:48, the Defendant driven B Poter cargo vehicles with a blood alcohol concentration of about 0.104% from the 1km section to the roads in front of the mine station located in the Dong-dong Kimhae-si, Kimhae-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the results of the drinking driving control, and the report on the state of drinking drivers;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

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 that the Defendant repeatedly committed the instant crime despite the past record of having been sentenced to a fine twice for the violation of the Road Traffic Act as stated in the facts constituting the crime. The fact that the blood alcohol concentration level at the time of driving under the influence of alcohol in the instant case is high is the reason for sentencing unfavorable to the Defendant.

However, the defendant's mistake is divided and reflected, and the driver seems to have been driving at a certain time, not immediately driven immediately after drinking, and the defendant's age, character and conduct, motive, means and consequence of the crime, and circumstances after committing the crime, etc. shall be punished by a fine like the order, considering the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means

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