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(영문) 창원지방법원 마산지원 2019.10.02 2019고단681

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 March 3, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Changwon District Court on March 3, 2008.

【Criminal Facts】

On July 10, 2019, at around 10:50, the Defendant driven a e-cargo while under the influence of alcohol content of about 0.043% from the 2km section of approximately 2km from the Do near Cridge in Changwon-si, Masan-si B to the front road of the same Gu.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the circumstances of the driver and the statement prepared in F;

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

1. Relevant Article 148-2 (1) and subparagraph 1 of Article 44 of the Road Traffic Act, the selection of a fine concerning facts constituting an offense, and the selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order shall be taken into account, such as the records and timing of punishment for drunk driving, the time of drinking and the time the drinking is discovered, and the concentration of blood alcohol;