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(영문) 창원지방법원 2020.08.14 2020고정374

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,500,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 9, 2020, at around 01:45, the Defendant driven an observer car in the state of alcohol 0.161% alcohol level, while under the influence of alcohol 0.161%, from around 500 meters prior to the road of “D” located in C from the Do of Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 of the Criminal Procedure Act;

1. On the grounds of sentencing under Article 186 of the Criminal Procedure Act (the basic remuneration for a public defender, etc.) the court shall determine the sentence as ordered by taking into account all the circumstances that form the conditions for sentencing specified in the instant case, such as the following circumstances, including the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The harm of drinking driving, considerable degree of blood alcohol concentration, etc.: The fact that the defendant repents and reflects the defendant's wrong, the defendant has no record of punishment exceeding the same kind or fine, the health status of the defendant is not good, the dependent, etc.