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(영문) 창원지방법원 2019.07.24 2019고정335
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On August 10, 2009, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act. On January 10, 2013, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from the Busan District Court's branch branch.

On April 15, 2019, at around 22:10, the Defendant driven a F Sitter car in the state of alcohol alcohol concentration of about 0.110% in a section of about 900 meters from the roads near the C Convenience store located in Kimhae-si B to the front road located in D.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant, with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had been punished twice for the same kind of crime.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

Other factors for sentencing, such as the defendant's age, character and conduct, the defendant's blood alcohol concentration (0.110%) and the contents and circumstances of the crime in this case, and the circumstances after the crime, shall be determined as the sentence as ordered.

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