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(영문) 창원지방법원 2015.11.18 2015고단1233
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 November 6, 2007, the defendant was issued a summary order of one million won or more for a crime of violation of the Road Traffic Act at the Busan District Court, and a summary order of two million won or more for the same crime at the Changwon District Court on June 28, 2010.

On May 1, 2015, at around 01:30, the Defendant driven B le-car in the state of alcohol alcohol content of approximately 0.072% from a 300-meter section of blood alcohol content to the active high-speed road located in the same Dong-dong from the day before the restaurant, which is not aware of the trade name in the Kim Jong-si, Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Criminal history records, references (A), reports on results of confirmation before disposition, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

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;

1. Selection of an alternative fine for punishment;

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 again commits the instant crime even though he/she had the record of being sentenced to a fine as a crime of violating the Road Traffic Act, as stated in the facts constituting the crime in the judgment, etc.

However, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, etc., shall be imposed in consideration of the fact that the defendant repents and reflects the mistake, the blood alcohol concentration at the time of driving of the case, and the fact that the blood alcohol concentration at the time of driving of the case is not high.

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