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(영문) 창원지방법원거창지원 2020.08.12 2020고단106

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On March 3, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch court on March 3, 201.

【Criminal Facts】

On April 3, 2020, at around 20:18, the Defendant, as above, driven a motorcycle under the influence of alcohol with approximately 0.135% of blood alcohol concentration at approximately 400 meters from the 400-meter section, from the roads of the C cafeteria in Chang-gun, Chungcheongnam-gun, Seoul, to the E-mail in D., while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the history of having been punished three times due to drunk driving, and on October 26, 2017, the defendant was sentenced to a suspended sentence of five years due to a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compacting, etc. of Persons with Disabilities) on the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (compacting, etc. on October 26, 2017, and the latter was running under the same time while the suspended sentence was being sentenced to a suspended sentence of five years due to the occurrence of

However, in light of the following circumstances: (a) the Defendant led to the instant crime; and (b) the Defendant is a disabled person of Grade III with a mental disorder, etc., taking into account the Defendant’s age, character and behavior; (c) environment; (d) motive, means and consequence of the instant crime; and (e) the sentencing specified in the records and arguments, such as the circumstances after the crime, shall be determined as ordered