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(영문) 창원지방법원통영지원 2020.12.08 2020고단1118
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On October 14, 2015, the Defendant received a summary order of KRW 4,500,000 from the Changwon District Court through the Changwon District Court, which was sentenced to a fine of KRW 4.5 million for a violation of the Road Traffic Act. On January 4, 2010, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from the same support.

On April 6, 2020, the Defendant driven a CPD125A 125cc motor bicycle under the influence of alcohol concentration of about 0.094% in the five-lane section from the front of the Defendant’s residence in Jeju to the road near the 128 Interlock in Jeju, as the front of the dwelling of the Defendant.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Statement of the defendant's legal statement, the record of the drinking driving control;

1. Application of Acts and subordinate statutes to inquiry reports and outputs of summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the instant order of provisional payment is a booming, but the Defendant was fully aware of the state of drinking because he had been drinking two illnesss in the previous new wall up to the previous day, and at the time of driving the instant case, the drinking level (0.094%) is relatively high, but the Defendant did not take the drinking level at the time of driving under the influence of alcohol, but the Defendant took the drinking level from the drinking state to the time of reporting the driving under the influence of alcohol, and determined the sentence as per the disposition, taking into account all the circumstances, including

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