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(영문) 창원지방법원 2016.02.12 2015고단3137
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on July 23, 2013, has been sentenced to a fine of KRW 5 million for a crime of violating the Road Traffic Act (drinking) at the Changwon District Court on July 23, 201, and a fine of KRW 5 million for the same crime at the same court on July 22, 2014.

On November 6, 2015, at around 07:05, the Defendant driven Cworka car under the influence of alcohol content of about 0.077% during blood while under the influence of alcohol content at approximately 2 km from the accounting road on the north-west side of the window in Changwon-si, Changwon-si to the road in front of the oil station in the Dong-dong-dong, Changwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry into the results of regulating the driving of drinking, notification of the completion of correction, statement of the situation of the driver under driving of drinking, written measurement of the driver under driving of drinking and report of the situation of driving under driving

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reports (not less than twice drinking driving);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant again committed the instant crime even though he/she had the record of being sentenced to a fine as a crime of violating road traffic law, such as the criminal facts stated in the judgment, the Defendant is a reason for sentencing unfavorable to the Defendant.

However, in light of the fact that the Defendant was dismissed by driving of the instant drinking on January 8, 2016, the Defendant was sentenced to a fine by taking account of the following: (a) the Defendant was able to unviolation the road traffic laws and regulations; (b) immediately after drinking, the Defendant was driving the water, not immediately after driving; (c) the Defendant was able to drive the water after driving the water (the Defendant’s speech and walking condition and walking condition are stated as good according to the Defendant’s report); (d) the amount of alcohol concentration in the blood during drinking at the time of driving the instant drinking; and (e) the Defendant, who is a public official, was dismissed by driving the instant drinking on the same day; and (e) the Defendant’s age

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