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(영문) 창원지방법원 마산지원 2020.01.22 2019고단1113
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On August 30, 2018, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's Msan Branch.

【Criminal Facts】

On November 8, 2019, at around 23:25, the Defendant driven F 3 vehicles while under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.04% from the front road in Changwon-si B to the front road in the same Gu D.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

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. Previous records: Application of criminal records, inquiry records, and copies of summary order Acts 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 for drunk driving.

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

The blood alcohol concentration is not high.

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.

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