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(영문) 창원지방법원 마산지원 2020.04.28 2020고단157

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 October 1, 2013, the Defendant was issued a summary order of KRW 3 million by the Changwon District Court for a crime of violation of the Road Traffic Act.

At around 17:05 on January 12, 2020, the Defendant driven a DNA 2 cargo vehicle while under the influence of alcohol content of 0.193% at the section of approximately 3 meters inside the apartment C-dong apartment C-dong parking lot in Changwon-si, Changwon-si, Seoul Metropolitan City.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. The actual condition survey report;

1. Traffic accident photographs;

1. Previous records before ruling: Application of criminal records, inquiry reports, and criminal investigation reports (attached to a summary order of the same kind of power);

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. Gu-type public prosecutor: Fines of 10 million won.

4. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (201, 201, 2013) due to drunk driving, and was engaged in a drunk driving.

In the apartment complex, drinking driving is conducted in the apartment complex.

A traffic accident that causes parking lebane has also caused.

In the blood alcohol concentration of 0.193%, the state of exploitation is also more severe.

However, it was operated only at a short distance to the extent that the agent does not park properly.

No physical or human damage has occurred due to a traffic accident.

In addition to the above-mentioned criminal records, only one fine has been imposed for another crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.