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(영문) 창원지방법원통영지원 2020.12.09 2020고단1021
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On February 11, 2008, the defendant was issued a summary order of 700,000 won as a fine for a violation of the Road Traffic Act at the Busan District Court.

On July 13, 2020, the Defendant driven an E rocketing car with approximately 500 meters alcohol level 0.08% while under the influence of alcohol level 0.08% from the front of the C cafeteria, which is located in C cafeteria B, to the front of the D apartment.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same 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 sentencing of Article 334(1) of the Criminal Procedure Act for the sentencing of the instant case on the ground of sentencing of Article 334(1) of the Provisional Payment Order is determined as ordered by considering all circumstances, including the following: (a) the developments leading to the instant crime; (b) the blood alcohol concentration level; and (c) the vehicle parked in order to move the parked vehicle; (d) the person having the same criminal record was found to have been driving for at least ten (10) years; (c) the person having the same criminal record was driving for at least

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