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(영문) 창원지방법원 통영지원 2019.10.30 2019고단998
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[criminal power] On January 23, 2018, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s through the Changwon District Court.

【Criminal Facts】

On July 25, 2019, the Defendant, despite the fact that he violated the provision on the prohibition of driving under the influence of alcohol, driven DIO 125 Orala in the state of under the influence of alcohol with approximately 0.058% of alcohol alcohol concentration from the 2km section from the 2km apartment parking lot at macro-si to the c apartment of macro-si.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal (the blood alcohol concentration);

1. Previous conviction: Application of Acts and subordinate statutes of a summary order;

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. Reasons for sentencing under Article 334 of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of five million won to ten million won; and

2. Setting the sentencing criteria not;

3. Determination of sentence: In light of the fact that the defendant raised an objection to the blood alcohol concentration, the time of driving, the background of driving, and the blood alcohol concentration (0.038%) according to the breath measurement, which is recognized as a fine of 6 million won, the defendant is relatively less likely to be criticized due to the so-called well-known driving where the criminal intent of drunk driving is weak.

Other factors revealed in the trial process of this case, such as the defendant's like power (two times of fine), the driver of Ortoba, the defendant's age, character and conduct, environment, family relationship, etc., shall be determined as the order.

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