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(영문) 창원지방법원통영지원 2020.09.22 2020고단628
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Punishment of the crime

On October 8, 2012, the Defendant issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act in the Changwon District Court’s territorial branch on October 8, 2012, and a summary order of KRW 1 million for the same crime in the same court on April 28, 2010.

On May 16, 2020, the Defendant driven C cargo vehicle with a blood alcohol concentration of about 0.153% from the 1km section from the front of a restaurant on the trade name in Seocho-dong, Seocho-si to the front of the Tong-dong, Seo Young-si, through a c cargo vehicle under the influence of alcohol concentration of about 1km to the front of the Tong-si, Tong-si.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Before judgment: References to criminal records and application of Acts and subordinate statutes concerning investigation reports;

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. In light of all the circumstances, including the circumstance leading to the instant crime for sentencing under Article 334(1) of the Criminal Procedure Act, drinking water at the time, the previous criminal punishment records of the Defendant, and the fact that the Defendant is against the Defendant, the punishment as set forth in the Disposition shall be determined.

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