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(영문) 창원지방법원 2016.10.18 2016고단2135
도로교통법위반(음주운전)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On May 31, 2014, the Defendant received a summary order of a fine of one million won by committing a violation of the Road Traffic Act from the Changwon District Court, and on October 30, 2015, the Defendant received a suspension of indictment from the Changwon District Prosecutors' Office to commit a violation of the Road Traffic Act.

On May 5, 2016, at around 04:45, the Defendant driven a waterside car in the area of approximately 20km from the river park located in the Nam-gu Busan Metropolitan City, to the Manduk-dong, Busan Metropolitan City, with a blood alcohol concentration of at least 0.055% from the area of about 20km to the Manduk-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, investigation reports (Attachment to a summary order), investigation reports (Attachment to a decision not to prosecute);

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

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