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(영문) 창원지방법원 통영지원 2020.01.22 2019고단1343
도로교통법위반(음주운전)등
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

[criminal power] The Defendant was sentenced to a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) on August 31, 201 in Changwon District Court’s territorial branch on August 31, 201, and was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act (driving) on October 25, 2017, and was sentenced to a summary order of KRW 5 million for a crime of violation of the Road Traffic Act (driving) on July 11, 2018.

【Criminal Facts】

On November 10, 2019, at around 07:20 on November 10, 2019, the Defendant, while under the influence of alcohol, driven a vehicle with D in the state of alcohol with a blood alcohol concentration of about 0.070% without obtaining a driver's license from a 300-meter macro apartment parking lot to C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and the register of driver's licenses;

1. Previous convictions indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (the same type of criminal records, and confirmation of probation period);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 10 million won to 20 million won;

2. Setting the sentencing criteria not;

3. Determination of sentence: Determination of sentence: In light of the degree of blood alcohol which is recognized as a fine of 12 million won, the time when a person drives, the time when a person makes a statement, the time when the person makes a statement, the time when he makes a final drinking, the circumstances when the person makes a statement, etc., the case constitutes the so-called night driving where the person's criminal intent is weak.

Although there are many criminal records of the defendant, it is recognized that the defendant has committed the same crime again during the suspension period of the execution of imprisonment as stated in the first head of the judgment.

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