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(영문) 창원지방법원 2020.11.18 2020고단1784

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On January 6, 2014, the Defendant issued a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Changwon District Court on the same day, and KRW 2 million as a fine in the same court on May 18, 2015.

【Criminal Facts】

On May 15, 2020, at around 23:25, the Defendant driven a Ftoscar car under the influence of alcohol by 0.121% in the section of about 20km from the 30km to the road of Changwon-si, Changwon-si, Seoul Special Metropolitan City, to E in D, the window of Changwon-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving, and circumstantial statements of drinking drivers;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

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 punishment shall be determined by taking into consideration the following: (a) contrary to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order; (b) there are family members to support; (c) when a sentence of imprisonment without prison labor or any heavier punishment is sentenced, retirement; (d) family members and branch members appeal their preference; and (e) the vehicle is scrapped to stop driving under the influence of alcohol; and