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(영문) 창원지방법원 2020.08.28 2020고정437
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On February 18, 2019, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 7, 2020, at around 22:20, the Defendant driven an E-5 vehicle under the influence of alcohol with approximately 7km alcohol concentration of about 0.114% from the D convenience point located in the city of Kimhae to the front road of the D convenience point located in the city of Kimhae.

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: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to a summary order of the same kind of power);

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

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

1. Article 334 of the Criminal Procedure Act of the provisional payment order provides that the harmful effects of the driving under the influence of alcohol, significant level of blood alcohol concentration, and traffic-related criminal records (two times a week and one licenseless one time a week), and the defendant committed the same kind of crime again within a short period of time even though he was punished as the previous crimes in the judgment. Meanwhile, the defendant, including his family members, is divided and reflected, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., as well as all the various circumstances which are the conditions for the sentencing in the instant case, such as the circumstances after the crime, shall be determined as the order.

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