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(영문) 창원지방법원 통영지원 2019.10.16 2019고단901
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 4, 2010, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the Changwon District Court through the Changwon District Court.

【Criminal Facts】

Although the Defendant had the power of violating the prohibition of driving under the influence of alcohol, on August 6, 2019, at around 06:35, the Defendant driven a Fdop car in the state of under the influence of alcohol with approximately 1km from the parking lot of the Dong-si building B to the front road of the city apartment in the same city, via the road in front of the city apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Report on the status of an employee);

1. Previous convictions indicated in the judgment: Application of one copy of the inquiry report on criminal records, and one copy of the 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 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: a letter with high blood alcohol concentration recognized as a fine of 10 million won and the defendant has a record of being punished for drunk driving.

However, in light of the final drinking time and the circumstances of driving, this case constitutes the so-called "nive driving" and the defendant's like the defendant was punished as a fine in 2010.

Since the sentence of imprisonment with prison labor for not less than one year on the accused is deemed to be too serious, a fine shall be selected.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the various circumstances revealed in the trial process of this case, such as the fact that the defendant is mistakenly recognized, its age, character and conduct, environment, family relationship, etc.

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