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(영문) 창원지방법원 2021.02.17 2020고단3957
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On November 8, 2010, the Defendant was issued a summary order of KRW 1,500,000 as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court, and on December 14, 2015, the Defendant was issued a summary order of KRW 7,00,000 as a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court.

On October 30, 2020, the Defendant driven the EMW X1 car at the section of about 10km from the front of the 2nd apartment to the front of the Do, Changwon-si, Changwon-si, Gowon-si, Gowon-si, Gowon-si, Gowon-si, with a alcohol level of 0.069% in alcohol level among blood transfusions around 21:50.

Summary of Evidence

1. The defendant's legal statement made by the main driver and response to a request for appraisal;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In order to eradicate social damage caused by driving of alcohol on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, there is a need to strictly punish driving of alcohol in light of the standard for regulating driving of alcohol and the purport of the amendment of the Road Traffic Act that strengthened statutory penalty.

The Defendant, like the previous record, had been punished twice due to drinking, once again driven a drinking without the awareness of the danger of drinking driving.

The driving distance is very long.

However, in order to reflect the crime of this case and to improve drinking habits, the defendant does not repeat the crime, such as receiving treatment for alcohol dependence, etc.

The defendant stated that he was aware of food that he had cooked by putting him in the domicile of the defendant, and that he was found while driving his work.

The Defendant, who was able to see that he was string and unstring up immediately before driving.

The defendant has made a statement, and the blood alcohol concentration in the blood due to the pulmonary measurement reaches 0.052%.

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