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(영문) 창원지방법원 2020.02.14 2019고단3936

도로교통법위반(음주운전)

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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 November 24, 2006, the Defendant was issued a summary order of a fine of one million won by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Around 06:50 on December 3, 2019, the Defendant driven a D K5 vehicle while under the influence of alcohol leveling 0.102% from the section of about 3km from the window B apartment in Changwon-si to the front road of the same Gu C.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, report on the results of the control of driving under the influence of alcohol, report on the circumstantial statements of a drinking driver, and investigation report (report on the circumstances of a

1. Previous convictions in judgment: Application of criminal records and summary order 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, occupation, family relationship, the substance and circumstances of the instant crime, and the circumstances after the instant crime.

Disadvantageous circumstances: The defendant driving in a drunken state (0.102% of blood alcohol concentration) resulting in a significant risk to the life and safety of others.

Defendant has been punished twice for the same crime.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

After being punished for the same crime, about 13 years have passed.

It is applicable to the night-time operation of a day-to-day attendance path.