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(영문) 창원지방법원 밀양지원 2020.01.07 2019고단473
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On November 20, 2006, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on March 7, 2013, the same court received a summary order of KRW 4 million as a fine for the same crime.

At around 16:50 on October 9, 2019, the Defendant driven an Epoter cargo vehicle while under the influence of alcohol 0.176% in a section of about 100 meters from the uppermost of C to D in front of D, the Defendant driven the Epoter truck with a alcohol level of about 100 meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, the management of the report on detection of drinking alcohol, and the making of inquiries about the following;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Under the current Road Traffic Act amended for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment for the crime of drunk driving was strengthened, and the defendant committed the crime in this case without among those who had been punished for the same kind of crime in an atmosphere with high social awareness of the crime of drunk driving as stated in its reasoning. The defendant's blood alcohol concentration at the time of the crime is relatively high at the time of the crime, and the occurrence of a traffic accident among the crimes in this case is disadvantageous to the defendant.

However, there are various sentencing factors such as the defendant's personality and behavior, character and environment, motive and circumstance of the crime, circumstances after the crime, etc., which are considered for the defendant, such as the fact that the defendant has a depth of his mistake, the defendant has no significant penalty ability exceeding the fine, the physical damage caused by traffic accidents seems to be agreed upon, and the fact that a relatively considerable period has elapsed from the date of the previous crime.

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