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(영문) 창원지방법원 통영지원 2020.07.28 2020고단435

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On October 2, 2006, the Defendant was issued a summary order of 2.5 million won by the Ulsan District Court for the crime of violating the Road Traffic Act.

【Criminal Facts】 On April 5, 2020, the Defendant driven Fpoter Cargo Vehicles with approximately 10 meters alcohol concentration 0.239% under the influence of alcohol level 0.239%, from the C parking lot located in G in Gyeongnam-gun B to the E-cafeteria road in the same Gun D.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) or (2) of the Road Traffic Act) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and copies of summary order Acts and subordinate statutes;

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 sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as per the order, taking into consideration all the circumstances including the details of the driving under the case of drinking alcohol, the level of drinking alcohol, the criminal records of the defendant's previous driving under the influence of alcohol, and the fact that