beta
(영문) 창원지방법원마산지원 2020.08.19 2020고단62

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

On November 26, 2007, the defendant was issued a summary order of 2.5 million won by the Changwon District Court for a violation of the Road Traffic Act.

At around 06:30 on January 5, 2020, the Defendant driven a efline car with a blood alcohol content of about 0.038% on the road of approximately 2 km from around C’s station to front of C’s bus bus stops in Changwon-si, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the instant crime even though the Defendant had been punished three times due to drunk driving, and had been punished two times due to unauthorized driving.

However, the defendant recognizes and reflects the facts of crime.

The blood alcohol concentration level is not high, but it was found that alcohol was detected on the following day.

The above criminal records are relatively old, and there is no other history of punishment.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.