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(영문) 창원지방법원 마산지원 2020.01.07 2019고단977
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On April 23, 2018, 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.

Although the Defendant violated the provision prohibiting drunk driving as above, on October 14, 2019, at around 00:20, the Defendant driven a F food car from approximately 3 km from the front road located in Changwon-si, Changwon-si B to the front road located in D E Hospital located in the Simsan-si, Changwon-si, Masan-si, to the same city E Hospital.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

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

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, 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 under the influence of drinking, even though he had the ability to punish a fine once 2018 due to a drunk driving.

The blood alcohol concentration is not relatively less than 0.110% and less less than 0.110%.

However, there was no traffic accident.

There are no criminal records other than those before the previous offense.

In addition, the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined by comprehensively taking into account the punishment of the prosecution (fine 12 million won).

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