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(영문) 창원지방법원 마산지원 2019.11.27 2019고단865
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2014, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court's Msan Branch.

【Criminal Facts】

On August 9, 2019, the Defendant, despite having been punished for the violation of the Road Traffic Act (driving) as above, was driving D SP car under the influence of alcohol concentration of about 0.082% in the section of approximately 2km from the two parking lots located in Yongsan-gu, Changwon-si, Busan-si to the front of the C school located in the same Simsan Member B.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report on the driver, the report on the status of the driver's license and the report on the status of the driver's license;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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 a relatively recent history of punishment due to drunk driving.

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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