(영문) 창원지방법원진주지원 2020.10.06 2020고단1043

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원진주지원 2020.10.06 2020고단1043

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Changwon District Court on December 22, 2010, received a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the Jinwon District Court on December 22, 2010, has the criminal records punished for drinking driving.

【Criminal Facts】

On May 6, 2020, at around 21:03, the Defendant driven a D Ecoo motor vehicle under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.054% from the front of the drinking house in which it is impossible to identify the trade name in the sub-dong in Jinju-si, Jin-si, Jin-si to the front road of C High School located in Jin-si, Jin-si, Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate 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 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 is that the defendant committed the instant crime even though he/she had a record of being punished for drunk driving.

However, the sentencing conditions, including the defendant's age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., shall be determined as ordered by considering the following facts: (a) there is no other punishment history than before and after the record of the criminal records in the judgment; (b) the blood alcohol concentration, driving distance, and other conditions of punishment as stated in the records and arguments of this case at the time of

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