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(영문) 창원지방법원 2018.02.21 2018고단108
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

[2] On July 22, 2011, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of road traffic law in the support of the Daegu District Court on July 22, 201, and a summary order of KRW 2.5 million as a fine for a violation of road traffic law in the Changwon District Court Support on October 21, 2016.

[2] On December 3, 2017, the Defendant driven Cison car at a distance of approximately two kilometers from the front of the Do square in front of the Do square which is located in the window of Changwon-si, in the front of the convenience store where the trade name located in the two sides of the window of Changwon-si cannot be known under the influence of alcohol content 0.05% during blood around 00:57 on December 3, 2017.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business, investigation report (report on the circumstances of the driver at the main place of business), and inquiry into the following:

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (Attachment of the previous summary order) and application of Acts and subordinate statutes of each summary order;

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. 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.

Moreover, the Defendant committed the instant crime within the period of repeated crime after serving and releasing a sentence for another crime.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The degree of alcohol is easy, and the distance of driving is also driving.

The previous convictions in the preceding five years had been sentenced to a fine in full, and the last five years or less are only one case, and there is a family member who will provide support, such as young children.

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