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(영문) 창원지방법원 2020.01.16 2019고단3268
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 31, 2017, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s territorial branch on March 31, 2017.

On October 5, 2019, around 05:10 on October 5, 2019, the Defendant driven C K3 cars with a blood alcohol concentration of about 0.14% from the 10-meter section of approximately 10 kilometers from the front of the cafeteria-dong, Changwon-si to the front road in the Jinhae-gu B.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type 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. 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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, had a record of being sentenced to a fine once due to a drunk driving, once again was driven under the influence of alcohol.

However, the punishment as ordered shall be determined in consideration of various circumstances, such as the defendant's age, character and conduct, environment, dependents, circumstances after the crime, etc., and the fact that there is no record of criminal punishment other than the fine above, and other circumstances that are conditions for sentencing, such as the defendant's age, character and behavior, surroundings, dependents, circumstances after the crime, etc.

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