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(영문) 창원지방법원 마산지원 2020.03.24 2020고단40
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On April 12, 2013, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and on April 18, 2016, the Defendant issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act at the Changwon District Court.

On January 5, 2020, the Defendant, at around 14:35, driven a B rocketing car with blood alcohol concentration of about 0.063% under the influence of alcohol at around 1km from the front line located in Chang-ri, to the front distance of the Jindo located in Chang-ri 37-3 on the same side.

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. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of power) and statutes;

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. Non-application of the sentencing criteria: The sentencing criteria are not set.

3. The Defendant, who was sentenced to a sentence, was sentenced to a fine twice (2013, 2016) due to drunk driving, even though he/she was punished by a fine.

In particular, on February 15, 2019, the U.S. District Court sentenced one year of imprisonment with labor for gas emissions to two years, and is still under the suspension of execution, but there is a high possibility of criticism for the crime of this case.

However, the defendant reflects on the crime.

In the blood alcohol concentration of 0.063%, the state of exploitation is relatively much important.

The drinking driving did not cause a traffic accident while driving.

No sentence shall be imposed on the accused.

The defendant supports alone, and has faithfully paid child support for three children.

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