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Reasons
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(영문) 창원지방법원 마산지원 2016.05.24 2016고단232
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to the suspension of the execution of August 16, 2014 by the Changwon District Court on October 8, 2014 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) and the decision became final and conclusive on October 16, 2014.

[2] On October 19, 201, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court’s Jinju branch to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving), and on May 30, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s Changwon District Court’s Changwon District Court’s judgment on May 30, 201, and was sentenced to a fine of KRW 4 million due to a violation

On February 19, 2016, at around 08:32, the Defendant driven a Ccoon-line with alcohol content 0.057% under the influence of alcohol while under the influence of alcohol while under the influence of alcohol content 0.057%.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Inquiry into the results of regulating driving of alcohol, a statement of the situation of a driver driving, a written measurement of the driver driving of alcohol, notification of the results of regulating driving of alcohol, and the ledger of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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:

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