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(영문) 창원지방법원진주지원 2020.12.16 2020고단1888

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 13, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch for a violation of the Road Traffic Act.

At around 21:10 on August 8, 2020, the Defendant driven a rocketing car under the influence of alcohol content of about 0.2% at a distance of about 10 meters from the 10-meter section before the Jinju-si repair shop.

As a result, the Defendant driven a motor vehicle under the influence of alcohol in violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act (i.e., confession, particulars of driving, distance from driving, disposal of vehicles, history of punishment, etc.);

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. Bearing litigation costs: The main sentence of Article 186 (1) of the Criminal Procedure Act;