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(영문) 창원지방법원 2020.04.28 2020고단142
도로교통법위반(음주운전)등
Text

Defendant shall be punished by imprisonment with prison labor of one year and six months and a fine of two hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On July 23, 2007, the Defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Busan District Court, and on December 24, 2007, the Defendant was issued a summary order of KRW 4 million by the same court due to a violation of the Road Traffic Act (driving). On April 15, 2016, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act (driving) at the Changwon District Court.

1. On November 21, 2019, the Defendant driven a F Spart-type car with approximately 500 meters alcohol concentration of 0.203% under the influence of alcohol at a section of about 500 meters from the Jinhae-gu B apartment Cdong parking lot at Changwon-si to the roads adjacent to the E Union winding point in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. The Defendant violated the Road Traffic Act, following the left-hand side of the ISM5 vehicle owned by the victim H, which was parked at the parking lot located in the JM5 G Gdong, Jin-gu, Jinwon-si, Jinwon-si, Changwon-si, as stated in paragraph (1), did not provide the victim with personal information even if the above SM5 vehicle was damaged to the extent of KRW 1,583,00,000,000,000,000 won for repair, such as a pan-smp swap, after the vehicle was driven by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a detailed statement on the processing of 112 reported cases, a survey report on actual condition, a written estimate for repair, and photographs;

1. Report on the statement of the status of a driver, report on the control of sound driving, and investigation report, respectively;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Relevant provisions of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the occupation of running sound, the choice of imprisonment), subparagraph 10 of Article 156 and Article 54 (1) 2 of the Road Traffic Act (the occupation of failing to provide personal information and the selection of fines) in the choice of the penalty for the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Discretionary mitigation Criminal Act;

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