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(영문) 창원지방법원 마산지원 2019.10.16 2019고단700
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

[Criminal Power] On April 27, 2007, the Defendant received a summary order of KRW 500,000 from the Changwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 24, 2019, the Defendant driven a DNA car under the influence of alcohol with a 0.036% alcohol concentration from the Changwon-si B apartment parking lot from Changwon-si to the front of the same Gu C apartment road.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Application of criminal records, inquiry records, and copies of summary order 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, which had already been punished several times due to drunk driving, led to the instant crime.

On the other hand, the defendant recognizes and reflects the facts of crime.

The blood alcohol concentration level is also low, and the alcohol was found on the following day.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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