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(영문) 창원지방법원 2020.10.28 2020고정560
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On June 29, 2009, the Defendant was sentenced to a fine of one million won by the Changwon District Court for a violation of the Road Traffic Act.

On July 9, 2020, at around 22:50, the Defendant driven a B B B B B BT car with blood alcohol concentration of about 0.064% from the public parking lot located in the Dong-dong in the Dong-dong in the same city from around 1km to the piracy shooting distance in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant’s legal statement, his/her oral statement, his/her criminal investigation report (report on the situation of his/her driver), and previous convictions as stated in the judgment of the court: Criminal records and summary order applied by Acts and subordinate statutes;

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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant already committed the instant crime even though he had the criminal record of a drunk driving, and the defendant had a traffic accident shocking the columns of signal signals, etc. as a result of driving under the influence of alcohol. In light of the above, it is not good that the instant crime is committed.

However, considering the fact that the Defendant recognized all of the instant crime and did not repeat the crime, and the economic situation is not good, such as in the process of debt adjustment through the Credit Counseling and Recovery Service, and the fact that it seems that the health condition is not good, such as receiving treatment with the symptoms of light-facing, etc., it is to be imposed upon the fine mitigated as ordered by the order.

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