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(영문) 창원지방법원 2020.11.20 2020고단3207
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 2, 2007, the Defendant issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on April 2, 2007, and KRW 1.5 million as a fine for the same crime from the Port Branch of the Daegu District Court on October 1, 2010.

On September 17, 2020, at around 23:10, the Defendant driven a rocketing car in the state of alcohol alcohol concentration of about 0.070% in the section of about 5 km from the roads near Kimhae-si, to Kimhae-si, and from around 5 km to the front road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: A favorable circumstances such as the harm of drinking driving: The defendant repents and reflects the defendant's wrong, there is no particular criminal history other than the previous conviction in the judgment of the defendant, and the past records of punishment of the defendant have been considerably old since they have been punished for about 2010 as stated in the judgment of the court, and family members, etc.

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