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(영문) 창원지방법원 진주지원 2020.03.31 2020고단187

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 23, 2007, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 16, 2020, at around 19:45, the Defendant driven an EMW 520d car under the influence of alcohol concentration of approximately 0.043% from the parking lot adjacent to C kindergarten in Jinju-si, Seoul, to the front road of D apartment at the same time.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the circumstances of a drinking driver, and report on the results of the regulation of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized to be erroneous by the defendant. The defendant's blood alcohol concentration, driving distance, driving distance, the defendant's condition at the time of driving, and the defendant had been punished once due to drinking driving, but the defendant committed the crime of this case after a considerable period has elapsed from that time, the punishment shall be determined as ordered by taking into account all the conditions of sentencing as shown in the records and arguments