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(영문) 창원지방법원통영지원 2020.12.01 2020고단1031

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

On June 16, 2008, the Defendant was issued a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court, and on August 13, 2013, a summary order of KRW 4 million by a fine for a violation of the Road Traffic Act was issued by the Changwon District Court through the Youngwon District Court on August 13, 2013, respectively.

On August 9, 2020, the Defendant driven a FranHG car in the state of alcohol of about 2 km from the road in front of the C Jeongmun, which was located in D, to the E-an intersection located in D on August 23, 2020.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the accused's legal statement, statement, driving control record, notification of criminal records, etc. and investigation report (a) and criminal investigation report;

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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as per the order, taking into consideration all the circumstances including the developments leading to the driving of drinking alcohol in this case at the time, the previous criminal punishment records of the defendant, etc