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(영문) 창원지방법원 마산지원 2015.10.28 2015고단776
도로교통법위반(음주운전)등
Text

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

On March 17, 2008, the Defendant received a fine of KRW 700,00 from the Changwon District Court for the crime of violation of the Road Traffic Act, and on November 9, 2009, received a fine of KRW 2.5 million from the Changwon District Court for the crime of violation of the Road Traffic Act at least twice.

1. Around 06:30 on July 24, 2015, the Defendant was under the influence of alcohol by 0.235%, and around 09:10 on July 24, 2015, the Defendant driven a vehicle with approximately 100 km of about 79 km to the road at the location of 79 km on the Daejeon-On Expressway, Daejeon Highway, Daejeon, Daejeon, the GTS125 Oba on the same day from July 24, 2015.

2. No driver of any motor vehicle or horse other than a motor vehicle violating the Road Traffic Act shall drive on any expressway;

Nevertheless, at around 08:29 on July 24, 2015, the Defendant driven the Highway by driving approximately 40 km from the Jam Toluth on the South Sea Highway located in the Jinsung-si of Jinju to the roads 79 km away from the Daejeon-Yan-Jan Highway located in each village of the documents in the Gannam-gun, Gyeongnam-gun, Busan Special Metropolitan City on the same day, around the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. A report on investigation (Presumption of a place to enter an expressway);

1. Records of judgment: Application of inquiries, such as criminal records, and summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of drinking), subparagraph 6 of Article 154 of the Road Traffic Act, Article 63 of the Road Traffic Act (the point of driving on an expressway other than a motor vehicle), the selection of a fine, and the selection of a fine;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse are as follows: (a) the Defendant was sentenced to a suspended sentence of imprisonment with labor for eight months for obstruction of performance of official duties and for damage of property in the Msan Branch of the Changwon District Court on December 24, 2014; and (b) the Defendant was sentenced to a suspended sentence of imprisonment with labor for eight months

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