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(영문) 창원지방법원 2020.11.18 2020고단2500

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

[criminal power] On August 18, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court on August 18, 2008, and was sentenced to a fine of two million won for the same crime from the Changwon District Court on May 24, 2010.

【Criminal Facts】

On July 21, 2020, at around 04:37, the Defendant driven a car with eben E250 in a state of alcohol of about 0.121% of blood alcohol concentration from the front of the C convenience store located in Kimhae-si B to D front roads.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition on drinking once or more times.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previous records of judgment: Application of inquiries, such as criminal records, and investigation reports (attached to a summary order 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;