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(영문) 창원지방법원 2020.02.05 2019고단3650
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On January 25, 2016, the defendant was issued a summary order of a fine of four million won for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court on January 25, 2016.

On November 11, 2019, at around 21:40, the Defendant driven a f 20d car under the influence of alcohol leveling 0.065% from approximately 50 meters to approximately 0.065% of blood alcohol level on the roads near the diesel Tgeles located in Kimhae-si B.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drunk driving, report on the circumstance of a drunk driver, investigation report (report on the circumstance of a drunk driver), and inquiry into the results of the crackdown on drunk driving;

1. Previous convictions in judgment: The application of criminal records and the regulations on drinking driving and other 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. Although the Defendant had had a record of punishment twice due to drunk driving, the Defendant again committed the instant crime after the lapse of four years after the previous punishment, despite the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order.

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, family relationship, occupation, and blood alcohol concentration (0.065%) of the defendant, the contents and circumstances of the crime in this case, and the circumstances after the crime, etc. shall be determined as the same as the order.

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