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(영문) 창원지방법원 마산지원 2020.02.14 2019고단956
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 March 3, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been punished for drunk driving, on September 16, 2019, at around 00:33, the Defendant driven a FNS car from approximately 3 km to the front road of the Changwon-si Hospital B located in Changwon-si, Changwon-si, Seoul, to the front road of the same Gu, while under the influence of alcohol 0.123% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 several times due to drunk driving.

It is difficult to view that the blood alcohol concentration level is lower.

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

The punishment power is relatively old.

There is no criminal record exceeding a fine.

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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