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(영문) 창원지방법원 마산지원 2017.02.01 2016고단1239
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

On August 28, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act at the Changwon District Court on August 28, 2009, and was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Changwon District Court on September 25, 2009, and was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act on at least two occasions.

However, on November 12, 2016, the Defendant driven a Cenz E200 car with approximately 1km from the road in Changwon-si, Changwon-si, 0.145% alcohol level, while under the influence of alcohol level around 02:40 on November 12, 2016, to the road in front of the benz exhibition center in the same new-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. Records of judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a suspect's previous conviction and judgment) and statutes;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, when considering the fact that the Defendant had been punished several times for a violation of the Road Traffic Act, and the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Changwon District Court on June 30, 2016 on September 13, 2016 and was sentenced to a suspended sentence of two years for a violation of the Electronic Financial Transactions Act at the Changwon District Court on September 13, 2016, and the suspended sentence became final and conclusive on September 13, 2016, the Defendant committed the instant violation of the Road Traffic Act, it is not very good to commit such crime.

However, the defendant recognized his mistake and reflects his depth, there is no record of being suspended from the execution due to the violation of the Road Traffic Act (drinking), and again, he will not drive drinking again.

In light of the fact that the defendant's vehicle was sold, the defendant's home environment, etc., it is reasonable to give the defendant an opportunity to once more than a sentence immediately.

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