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(영문) 창원지방법원 마산지원 2020.01.08 2019고단967

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on June 8, 2009, has a record of being sentenced to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act, and on January 2, 2012, with a record of being sentenced to a summary order of KRW 1.5 million as a fine in the Changwon District Court on the same crime.

On October 1, 2019, at around 06:15, the Defendant driven C K7 car under the influence of alcohol with approximately 0.065% alcohol concentration on the roads of approximately 1.5km in the vicinity of the land plaza located in the same Gu and south-dong from Changwon-si, Changwon-si B to the area adjacent to the land plaza in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate 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. 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 twice due to drunk driving.

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

On the following day, alcohol was detected.

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.