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(영문) 창원지방법원 통영지원 2021.02.03 2020고정226

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 13, 2011, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court’s territorial branch on July 13, 201.

On May 13, 2020, the Defendant driven D Lasta car in the state of alcohol alcohol leveling to about 0.039% of alcohol level from the section of about 10km in the same city of Pyeongtaek-dong from C Hospital located in the same city of Pyeongtaek-dong from May 15:10, 202 to the same city of Pyeongtaek-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

1. Article 53 and Article 55(1)6 of the Criminal Act to mitigate weight (see, e.g., the fact that the defendant recognized the crime and reflects the mistake of the defendant, and that the blood alcohol concentration is low);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;