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(영문) 창원지방법원 2021.01.28 2020고단3668
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Changwon District Court on February 7, 2013.

On September 5, 2020, the Defendant driven a motor vehicle with low alcohol level of 0.036% from his blood alcohol level around 15:30 on September 5, 2020, in the direction of alcohol leveling to 0.036% from his Changwon-si B commercial building located in the same Gu C from his Changwon-si to his front distance.

Accordingly, the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of drinking alcohol, a report on the situation of the driver under the influence of drinking, and an investigation report (report on the situation of the driver under the influence of drinking);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant was punished once by a fine due to drinking prior to the instant case, and the driving of drinking while considering the fact that the Defendant was punished once prior to the instant case, and that the driving of drinking is very dangerous criminal that may lead to the life of another person, the Defendant’s responsibility is heavy.

However, there is no record that the Defendant was punished for drinking driving since 2013, and there is a relatively low alcohol level in blood at the time of driving of the instant case 0.036%, and there is a reason to consider that he reflects his mistake.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, sexual conduct, the background and consequence of the instant crime, the circumstances after the crime, and all the sentencing factors specified in the records and arguments.

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