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(영문) 창원지방법원 진주지원 2016.07.20 2016고단382
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 9, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court's Jinju branch on May 9, 200, and on September 21, 201, the Defendant was issued a summary order of KRW 1 million with the same crime in the same court.

On April 13, 2016, the Defendant driven a Bbee cruise car owned by the Defendant from around 20 meters away from the 20-meter section to the south River basin located in the same east-dong in Jinju-si, under the influence of alcohol content of 0.084 percent among blood transfusions.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment commits the crime of drinking in this case even though the defendant had been punished for two times of drinking, the punishment for the crime of drinking in this case is not minor, but the punishment is determined as ordered by taking into account various sentencing conditions that are favorable to the defendant, such as the defendant's age, sexual behavior, etc., such as the fact that the defendant reflects his/her criminal act, the defendant's values of drinking are not high, the defendant's punishment level is not high, the defendant has no criminal history other than the fine, and the records and changes of the defendant's age are more than four years.

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