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(영문) 창원지방법원 진주지원 2020.03.31 2020고단75
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Justice] On March 16, 2011, the Defendant was sentenced to a suspension of indictment for a violation of the Road Traffic Act (driving) at the Film Branch Office of the Changwon District Prosecutors' Office, and on June 17, 2015, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Film Branch Branch Office of the Changwon District Court.

【Criminal Facts】

On December 19, 2019, at around 21:44, the Defendant driven a D-Wed-Wed-Wed-on vehicle from the front of a cafeteria located in the New-Si, Jin-si, Jin-si to the front of the C-Wed-si, Jin-si, Jin-si, with approximately 200 meters of alcohol level 0.061% of alcohol level, while under the influence of alcohol.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of the same criminal records), summary orders, and application of statutes governing non-prosecution decision;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized to be erroneous by the defendant. In full view of all the sentencing conditions shown in the records and arguments of this case, including blood alcohol concentration of the defendant at the time of the crime in this case, driving distance, driving distance, the criminal records of the defendant at the time of driving, etc.

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