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(영문) 창원지방법원 밀양지원 2020.06.11 2020고단58

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal power] On March 20, 2007, the Defendant was sentenced to a fine of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) in Changwon District Court’s Smuggling on March 20, 207, and a fine of KRW 2,50,000 as a same crime in the same court

【Criminal Facts】

On February 9, 2020, at around 22:35, the Defendant driven a Flus vehicle while under the influence of alcohol of about 0.130% of alcohol concentration from the 2km section to the road near the cafeteria located in the same Gun, from the front of the cafeteria, Gyeongnam-gun, Gyeongnam-gun.

Accordingly, the Defendant driven a motor vehicle, etc. at least twice while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving, report on the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstantial situations of drinking drivers);

1. Criminal records: Criminal records, previous records of disposition, report on results of confirmation, and application of statutes governing judgment;

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

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

1. Article 334(1) of the Criminal Procedure Act provides that a sentence like the order shall be imposed, taking into account various circumstances, including the Defendant’s age, character and conduct, occupation and environment, criminal records, motive and circumstance before and after the crime, and circumstances before and after the crime, and the sentencing conditions specified in the instant records and pleadings, even though the case is not exceptionally considered in light of the blood alcohol concentration, driving distance, and criminal records of the same kind of crime, etc.

It is so decided as per Disposition for the above reasons.