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(영문) 창원지방법원 2019.07.24 2019고단1224
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On April 23, 2019, the Defendant, while under the influence of alcohol at 0.121% of blood alcohol concentration on Apr. 23, 2019, driven a Fone Star car from approximately 500 meters to E in front of the cafeteria at the window B of Changwon-si to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

D. Unfavorable circumstances: A favorable circumstances such as the harmful effects of drunk driving, the effects of punishment for the same kind of crime, but recidivism (two times of drunk driving, refusal to measure drunk driving, one time of unauthorized Driving), etc.: A defendant seems to repent and reflect his/her wrongs; the recent records of punishment due to drunk driving are relatively old and less than 2012; there is no record of excessive punishment of fines; family members, etc.

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