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(영문) 창원지방법원 2017.08.18 2017고단1961
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 2, 2017, around 00:05, the Defendant driven B K7 cars under the influence of alcohol content of about 15 meters from the front of the Yan Sports Park, which is located in the Yandong-dong, Jinwon-si, Seoul, to the front road of the Dong-dong Yan apartment located in the same Dong-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (main driver's report), requests for appraisal, reply to requests, and application of Acts and subordinate statutes governing mandatory insurance;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant committed a second offense without being aware that he had been punished twice due to drinking, even though he had a record of being punished twice due to drinking.

The degree of undertoxicatedness is not somewhat weak.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

It does not lead to the actual accident, and the distance of driving is also driving.

The preceding previous conviction was completely sentenced to a fine, and the last ten years of which is less than one case. Other factors such as the Defendant’s age, sex, environment, circumstances, and circumstances after the commission of the crime are considered comprehensively, and the sentence is determined as ordered.

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