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(영문) 창원지방법원 2020.04.22 2019고단3387

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 30, 2009, the Defendant issued a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court. On December 19, 2016, the Defendant issued a summary order of KRW 1,50,000 to a fine for the same crime at the same court. On June 26, 2019, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act (Refusal of Drinking Measures) by the same court.

【Criminal Facts】

On September 8, 2019, at around 05:20, the Defendant driven DWW125cc 125cc Meba, while under the influence of alcohol, without obtaining a motorcycle driver's license from the front line of the main station in the Kimhae-si B, but from about 800 meters to the front line of the Kimhae-si, the Defendant driven DWW 125cc Meba in the state of under the influence of alcohol by 0.234%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to criminal investigation reports (the confirmation of crimes during the past criminal records and probation period against a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 - The sentencing criteria under Article 334(1) shall be determined as ordered by taking into account all the various circumstances, including the following circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Disadvantageous circumstances: The harmful effects of drinking driving and the danger of traffic (the cause of physical damage due to the post-driving of the vehicle), high blood alcohol concentration, and the suspension of execution due to the same kind of crime of refusing to measure drinking.