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(영문) 창원지방법원 통영지원 2015.07.15 2015고단149
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On May 6, 2010, the Defendant was issued a summary order of KRW 1.5 million by a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong branch on May 6, 2010, and on February 1, 2011, the same court issued a summary order of KRW 3 million by the same court on February 1, 201.

On February 25, 2015, at around 23:00, the Defendant driven a Cobserver car under the influence of alcohol with a blood alcohol concentration of 0.097% at around 2km from around February 25, 2015 to around February 23:13, 2015, the Defendant, at around 2km, driven a Cobserver car under the influence of alcohol with a blood alcohol concentration of 0.097% at around 0.097% on the front road of the North 10km-dong, Young-si, west-do.

"2015 Highest 478"

1. On February 25, 2015, at around 23:30, the Defendant ordered the Victim F to pay the price at the “E” singing shop located in Yong-Nam, Kim Young-nam, without any intent to pay the price, and the Defendant received from the Victim F the alcohol and the share equivalent to KRW 200,000,000 at the market price.

2. Around 00:05 on March 13, 2015, the Defendant, as seen in the criminal records of the instant case, was punished for drinking alcohol more than twice, driving a Cobserver car owned by the Defendant under the influence of alcohol with a blood alcohol concentration of about 0.160% from the 50-meter section to the front day of the “bluter” road located in the cluter map at the time of around 00:05 on March 13, 2015, while under the influence of alcohol with a blood alcohol concentration of at least 0.160% on the road located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statements of each host driver and the report on detection thereof;

1. Summary receipt of the main office;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

1. Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol), Article 347 (1) of the Criminal Act (the point of fraud) of the same Act concerning the facts constituting the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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