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(영문) 창원지방법원 마산지원 2019.09.25 2019고단621

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On June 28, 2007, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act, and a summary order of KRW 2 million as a fine of KRW 2 million from the Changwon District Court to the same crime on July 20, 209.

【Criminal Facts】

On June 15, 2019, at around 00:20, the Defendant driven an E Car under the influence of alcohol content of about 1.5 km from the Do in front of the Changwon Masan-si Belco., Ltd., located in C, to the road in front of the DMasan-si, Changwon-si.

As a result, the Defendant, who violated the prohibition of drunk driving regulations not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, investigation report, inquiry report, inquiry request for appraisal, and report on the detection of a host driver;

1. Records before judgment: Application of criminal records, repeated statements, and copies of each summary order;

1. Relevant legal provisions and Articles 148-2 (1) and 148-2 (1) and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has already been punished twice for drunk driving, and the degree of blood alcohol content is high: Provided, That each of the above punishment records has been considerably long long, there is no record of punishment except for such power, real damage to others has not occurred, and all circumstances such as disadvantage when the defendant is subject to a suspended sentence, etc.