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(영문) 창원지방법원 2020.01.16 2019고단3373
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 30, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court due to a violation of the Road Traffic Act.

On October 21, 2019, at around 00:54, the Defendant driven C New-Vora car under the influence of alcohol leveling 0.077% from around 15 kilometers of blood alcohol level from the front of a restaurant located in the upper south-si, Changwon-si to the front road of Kimhae-si.

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 to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, had a record of being sentenced to a fine once due to a drunk driving, once again was driven under the influence of alcohol.

However, in light of the fact that the defendant is aware of and reflects on the crime, the fact that there is no particular criminal record other than the above fine, the defendant's age, character and conduct, environment, background of the crime, degree and time of drinking (which seems to have been at the time of measuring the degree and time of blood alcohol concentration), and the circumstances after the crime, etc., the punishment shall be determined as ordered.

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