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(영문) 창원지방법원 2019.10.30 2019고단1898
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the port branch of the Daegu District Court on June 13, 2014, was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) and a fine of four million won for the same crime in the same court on August 23, 2017, respectively, and violated the provision on the prohibition of drinking under the influence of alcohol twice or more.

【Criminal Facts】

On June 30, 2019, at around 04:40, the Defendant driven a volume EK5 car with about 600 meters a volume of 100 meters up to the road front of the D convenience store located in the D convenience store in the Chang Sea-gu Seoul Special Metropolitan City B, under the influence of alcohol content of 0.151%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry records, and application of each statute of the judgment;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and 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: The harm of drinking driving, high level of blood alcohol content, although the defendant was caused by this kind of crime, the defendant was sentenced to two years of imprisonment with prison labor for special injury in 8 months at the port branch of the Daegu District Court on April 12, 2018, and was sentenced to two years of suspension of execution on April 20 of the same month, and the judgment became final and conclusive on April 20 of the same month, and the possibility of criticism against the defendant is considerable: The defendant is divided into and against the defendant; the driving distance is relatively short; the defendant is relatively short; his family members, etc.

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