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(영문) 창원지방법원 2019.09.18 2019고단1786
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal power] On January 26, 2007, the Defendant received a summary order of KRW 500,000 from the Changwon District Court to a fine of KRW 500,000 for a violation of the Road Traffic Act. On May 19, 2008, the Defendant received a summary order of KRW 1,50,000 from the Changwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act.

【Criminal Facts】

피고인은 2019. 6. 22. 00:30경 창원시 의창구 B에 있는 이름을 알 수 없는 상가 앞 도로부터 같은 구 C에 있는 D 앞 도로에 이르기까지 약 300미터 구간에서 혈중알콜농도 0.068%의 술에 취한 상태로 E 넥쏘 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the circumstances of drinking driving;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) of the provisional payment order not only causes a serious risk to the life and safety of others, but also is not less complicated in that the defendant committed the instant crime in spite of the fact that he had been punished twice for the same kind of crime.

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

A defendant has no record of being punished by a fine for the same crime.

In addition, the defendant's age, character and conduct, the blood alcohol concentration (0.068%) of this case, time after the last punishment, the contents and circumstances of the crime of this case, and the circumstances after the crime, etc. shall be determined as shown in the text.

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