beta
(영문) 창원지방법원통영지원 2020.11.04 2020고단885

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

On November 13, 2008, the Defendant received a summary order of KRW 2 million for a crime of violation of the Road Traffic Act from the Changwon District Court through the Changwon District Court on November 13, 2008, and issued a summary order of KRW 4 million for the same crime in the same court on June 24, 2013.

At around 08:40 on July 10, 2020, the Defendant driven a F deemed car under the influence of alcohol level of about 0.123% in the section of about 8 km from the front of the C-Public Parking Lot located in B to the front road located in D-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

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 punishment as ordered shall be determined by taking into consideration all the circumstances, including the circumstances leading to the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act, the degree of blood alcohol level, the defendant's previous convictions twice but more than seven years, the defendant has no previous conviction exceeding the fine, and the defendant reflects the crime.