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(영문) 창원지방법원 2019.10.16 2019고정424

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On May 28, 2019, at around 16:39, the Defendant driven a DNA car with a blood alcohol concentration of 0.145% while under the influence of alcohol at approximately 1.5km from the roads near the window B of Changwon-si to C in front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to a report on investigation (with regard to the details of control, etc., the suspect's statement, etc., the suspect's identity);

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of three million won to five million won; and

2. Determination and drinking driving of sentence may cause a traffic accident and cause damage not only to individuals but also to other infinite lives and property, and thus, the risk is very high. Therefore, strict punishment is required.

The defendant is also driving along the street, and the blood alcohol concentration was also high.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the fact that the Defendant recognized the instant crime; (b) the primary offender without criminal records; (c) the Defendant’s nationality, age; (d) character and conduct; (d) personality and conduct; family relationship; (e) environment; (e) motive, means, and consequence of the instant crime; and