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(영문) 창원지방법원 2020.01.16 2019고단3177
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 22, 2016, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Changwon District Court's Msan Branch.

On October 9, 2019, at around 00:30, the Defendant driven a CK5 car under the influence of alcohol content of about 0.124% at a section of about 15km from the front of the restaurant, which does not know the trade names in C of the Changwon-si, Changwon-si, to the northwest of the same city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, investigation reports (attached to a summary order of the same attached power), and summary order;

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, even though the defendant had a record of punishment for a fine once due to drunk driving, he again went to drive under the influence of alcohol in this case.

However, there are circumstances to consider the circumstances leading to the instant case because the Defendant was aware of and against the time of the commission of the crime, and the request for a vicarious driving after a ceremony was made, but the article was not assigned. In addition, the punishment shall be determined as ordered by taking into account the following circumstances, such as the Defendant’s age, character, character, environment, dependents, circumstances of the crime, degree of drinking, and circumstances after the crime.

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