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(영문) 창원지방법원 2017.06.16 2017고단1160
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

[criminal history] The defendant is a person who was sentenced to a fine of 1.5 million won at the Changwon District Court on January 19, 2007 to a crime of violating road traffic laws (drinking), and a person who was sentenced to a suspended sentence of 2 months for a crime of violating road traffic laws (drinking) in the same court on September 13, 2007.

[2] On April 6, 2017, the Defendant was under the influence of alcohol content of 0.109% during blood transfusion around 23:55, and the Defendant driven Bchip car in the section of about 50 meters prior to the maintenance of the 31-13 single-maro, Changwon-si, the window of the 54th window of Changwon-si, Changwon-si, the window of the 10th window of Changwon-si, the 10th window of Changwon-si.

Accordingly, the defendant, who violated the prohibition of 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 of the circumstances of the driver at home and report of the situation of the driver at home;

1. Previous convictions in the judgment: Inquiry into criminal history, investigation report (Binding of the summary order with the same kind of driving force), summary order, and application of the text of the judgment;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed a second offense without being aware of the history of punishment three times due to drinking driving.

The degree of alcohol alcohol shall also be less than that of alcohol;

subsection (b) of this section.

However, the defendant reflects the wrongness and does not further repeat the crime.

The accident did not lead to the actual accident.

The previous criminal records of the same kind have long been used, and they have never been able to drive drinking during the last ten years.

In addition, the sentencing conditions, such as the age, sex, environment, circumstances, and circumstances after the crime, shall be comprehensively considered, and the punishment shall be determined as per the order.

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