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(영문) 창원지방법원 마산지원 2020.01.08 2019고단965

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

[criminal power] On January 10, 2016, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving) at the Changwon District Court's Msan Branch.

【Criminal Facts】

Although the Defendant had been punished for drunk driving as above, on October 5, 2019, at around 00:54, the Defendant driven a Fchip car from approximately 500 meters away from the front road located in Changwon-si, Changwon-si B to the front road located in the same Gu D, while under the influence of alcohol content of 0.058%.

Summary of Evidence

1. Defendant's legal statement;

1. A circumstantial statement of the driver of a driving school, a report on the situation of the driving of a driving school, and a written statement;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act, which led to the instant crime even though the Defendant had been punished for drunk driving.

However, the defendant recognizes and reflects the facts of crime.

The blood alcohol concentration is not high, but there is no record of punishment except the criminal records in the judgment.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.