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(영문) 창원지방법원 2020.01.15 2019고정637
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

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

Reasons

Punishment of the crime

Around 18:20 on September 1, 2019, the Defendant driven a Funst Driving Vehicle within approximately 400 meters from the 18:20% alcohol level to the e-point front of the E-mail point in the same city via the road in front of the Kimhae apartment at the same time, from the e-mail level to the e-mail level in front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and application of Acts and subordinate statutes to the investigation report (report on the circumstances of drinking drivers);

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the 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 of the provisional payment order led to a significant risk to the life and safety of another person by driving in a state of full exploitation (0.162% of blood alcohol concentration).

Defendant has been punished once for the same crime.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

approximately 15 years have passed since they were punished for the same crime.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the defendant's age, character and conduct, the details and circumstances of the crime in this case, and the circumstances after the crime.

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