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(영문) 창원지방법원 2016.07.08 2016고단862
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 7, 2008, the Defendant was issued a summary order of a fine of 3.5 million won for a crime of violating the Road Traffic Act at the Changwon District Court, and on April 29, 2014, the Defendant was sentenced to a suspended sentence of three years for a crime of violating the Road Traffic Act at the Changwon District Court on April 29, 201, and was sentenced to a suspended sentence of four years for a crime of violating the Road Traffic Act at the Changwon District Court on May 8, 2014.

On February 17, 2016, the Defendant driven a B SP car in the section of about 2 km to the roads to which the Chang-si, Chang-si, Chang-si, in front of the non-cafeteriaed cafeteria located in Jin-si, Jin-si, Kim Jong-si, while under the influence of alcohol leveling to 0.137% of the alcohol level during blood transfusion at around 17:20 on February 17, 2016.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation reporting (a) and attaching copies of the judgment and summary order);

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

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, as stated in the facts constituting a crime in the judgment of the Defendant, was the same as the facts constituting a crime in the judgment of the Defendant, and the Defendant committed the instant crime without any weighting, despite being under suspension of execution due to the crime of violating the Road Traffic Act, and the Defendant committed the instant crime. The Defendant is the reason for sentencing disadvantageous to the Defendant that the amount of alcohol concentration in blood at the time of driving the instant alcohol is very high.

However, a punishment of three-year sentenced for the main reason of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) when the defendant is sentenced to a punishment.

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