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(영문) 창원지방법원 2020.01.08 2019고단3460
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On November 10, 2014, the Defendant received a summary order of a fine of KRW 3 million from the Changwon District Court for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 13, 2019, the Defendant, while under the influence of alcohol 0.044% on blood alcohol level around 20:20 on October 13, 2019, committed a violation of the prohibition on drinking driving by driving approximately 150 meters Epoter II cargo vehicles at least twice on the front road of the company Kimhae-si, Kimhae-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate 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 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. On the grounds of sentencing under Article 334 of the Criminal Procedure Act, the sentence shall be determined as ordered in full view of all the various circumstances, including the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant repents and reflects the defendant's wrong, the blood alcohol concentration is relatively low, family members, etc.

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