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(영문) 창원지방법원 2020.04.17 2020고단319
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 19, 2010, the Defendant was issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act at the Busan District Court.

On December 25, 2019, at around 05:30, the Defendant driven a Fstren vehicle at approximately 20 meters from the front side of C High School located in Jinhae-gu B, Changwon-si, Jinhae-si, to the front side of E secondary school located in Jinhae-si D, Changwon-si, while under the influence of alcohol of 0.183% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the statement of the state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 of the provisional payment order is that the defendant was punished for driving under the influence of alcohol without any warning about the danger of drinking, and that the defendant was driving under the influence of alcohol according to the defendant's condition or the degree of driving at the time of detection.

However, the fact that the defendant did not repeat the crime of this case while against the crime of this case, the driving distance of the defendant is shorter than ten years, the previous conviction in the judgment was not punished, except that, according to the rules of employment of the company where the defendant works, a person for whom two years have not passed since the execution of imprisonment without prison labor or heavier punishment was completed or the decision not to execute the sentence was made definite, constitutes a reason for disqualification, and at the same time, constitutes a reason for disqualification. If a person is subject to punishment exceeding the fine due to the crime of this case, it appears that the defendant is somewhat excessive punishment, his family members and employees want the defendant's preference, and the age and age of the defendant.

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